ORDER

1. This petition is directed against the order dated 15-7-2008 passed by the Division Bench of the Patna High Court in CWJC No. 8054 of 2008 whereby the petitioner's challenge to the earmarking of 200 marks for viva b voce test as against 850 marks for written test for recruitment to the Bihar Civil Service (Judicial Branch) was negatived.

2. The petitioner was one of the candidates who had applied for selection pursuant to an advertisement dated 18-11-2005 issued by the Bihar Public Service Commission (for short "the Commission") for appointment of Civil Judges (Junior Division). After being declared successful in the written examination, the petitioner was interviewed on 7-8-2007. However, his name did not figure in the merit list prepared by the Commission.

3. After nine months, the petitioner filed a writ petition questioning the constitutionality of Appendix C of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 (for short "the Rules") on the ground that the marks prescribed for viva voce test were excessive and contrary to the law d laid down by this Court in Ashok Kumar Yadav v. State of Haryana, Mohinder Sain Garg v. State of Punjab, Ashok v. State of