Shiva Kirti Singh, J.

1. Heard learned counsel for the appellant/writ petitioner, learned A.A.G. 2 for the State and learned counsel appearing for the Bihar Public Service Commission.

2. Learned counsel for respondent no. 7 is also present to support the impugned judgment of the writ court dated 18.8.2006 whereby the writ petition bearing C.W.J.C. No. 11055 of 2004 preferred by the appellant was dismissed on merits alongwith another writ petition bearing C.WJ.C. No. 1218 of 2004 filed by one Dr. Gauri Nath Jha who wanted his appointment to the post concerned on the basis of promotion. His writ petition was also dismissed after holding that the post of Deputy Director, Homeopathic was an Ex-cadre post and therefore, by virtue of being a member of particular cadre nobody could claim such a post by promotion, as a matter of right. We have been informed that L.P.A. No. 679 of 2006 preferred by Dr. Jha has been dismissed by a Division Bench of this court on 8.10.2007. Therefore, now there is no obstacle in the way of the authority in filling-up of that post on the basis of advertisement which was issued in the year 2004 being advertisement no. 03/04 whereby the Bihar Public Ser