This petition under Article 226 of the Constitution is referred to the Division Bench by the learned single Judge under order dated 5th August 2011.

2. The respondent no. 4, the Bihar Public Service Commission (hereinafter referred to as “the Commission”) published Advertisement No. 4 of 2007 to invite applications from eligible candidates for the 48th to 52nd Common Combined (Main) Competitive Examination, 2008 for appointment to various cadres in the State Government service. Pursuant to the said advertisement, the petitioner applied under the category of Extremely Backward Class. The petitioner successfully went through the Preliminary Test and the Competitive Test. The petitioner secured aggregate 815 marks at the competitive written examination and the viva voce; the cut-off marks for the candidates in Extremely Backward Class. Nevertheless his name was not recommended by the Commission for want of available vacancy. Therefore, this petition.

3. Learned Advocate Mr. Manan Kumar Mishra has appeared for the petitioner. He has submitted that the petitioner could not have been denied appointment although he had secured the cut-off marks on the ground of want of vacancy. He has