The petitioner is an Architect and in Government Service. By this writ petition, he claims his right to be considered for the post of Senior Architect in the Department of Building Construction, Government of Bihar, which is a singular post. According to him, he is the senior most Architect and has a clean service record. Since 2006 he has been functioning and acting as Senior Architect, though in his own pay-scale, as the post is vacant since 2002. He is aggrieved by the action of the State in considering only the private-respondent no.6, Mukti Prasad for the said post neither on merit nor on seniority but on basis of reservation alone. Let it be noted that this Court had restrained the State from granting promotion to respondent no.6 during pendency of the writ petition. Accordingly, petitioner continues to act as Senior Architect and the matter of promotion of respondent no.6 is still pending with the Departmental Promotion Committee.

2. State and respondent no.6, who was noticed and has appeared, have filed counter affidavits and with consent of all the parties, this writ petition has been heard for its final disposal at this stage itself.

3. Learned counsel for the petit