(Per: HONOURABLE THE CHIEF JUSTICE)

This petition under Article 226 of the Constitution is filed by one Shubham Kumar, an applicant for appointment to the post of Assistant Engineer (Civil) in the Road Construction Department or the Public Health Engineering Department of the State of Bihar pursuant to Advertisement No. 02/2011.

2. The learned single Judge has, under order dated 27th August 2013, referred the matter to the Division Bench. The matter at issue appears to be covered by the judgment of a Division Bench of this Court in the matter of Manas Kumar Sinha Vs. Bihar Public Service Commission [2010 (2) PLJR 1008]. However, the learned single Judge was of the opinion that in the matter of Manas Kumar Sinha (Supra), the Bench had not considered the judgment of the Hon’ble Supreme Court in the matter of Commr. of Income Tax, Bombay South, Bombay Vs. Messrs Ogale Glass Works Ltd., Ogale Wadi (AIR 1954 SC 429) and the judgment of the Orissa High Court in the matter of Dr. Annada Prasad Pattnaik Vs. State of Orissa & Ors. (AIR 1989 Orissa 130). The learned single Judge has, therefore, referred the matter to the Division Bench. The petition has thus been notified before us.

3.