1. Heard the counsel for the parties.

2. Petitioners have filed present writ application for quashing Advertisement No. 1 of 2006 issued by the Bihar Public Service Commission on 31.1.2006 inviting applications for appointment to 422 posts of Assistant Engineers (Civil) in the Road Construction Department, Public Health Engineering Department and the Irrigation Department. Advertisement has been published in the daily newspaper, on the requisition received from the Road Construction Department, Government of Bihar. Out of 422 advertised posts, 206 posts are meant for general cetegory. Petitioners grievance is that 206 posts meant for general category also includes 9 non-joining seats of previous advertisement being Advertisement No. 25 of 1999 against which the petitioners are claiming their appointment. Petitioners prayer is for exclusion of 9 posts in general category posts, advertised by way of Advertisement No. 1 of 2006.

3. Petitioners case is that the Road Construction Department, Government of Bihar, had earlier requisitioned to the Bihar Public Service Commission for appointment on 129 posts of Assistant Engineer (Civil). On such requisition, Bihar Public Service Co