IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8887 of 2010 1. Vidhu Bhushan Shukla, S/O Shri Ram Lakhan Shukla, Permanent R/O Vill.- Pandeypur, P.O.- Chhibaiyan, P.S.- Jhansi, Distt.- Allahabad, State - Uttar Pradesh 2. Gaurav Dwivedi, S/O Shri Pramod Kumar Dwivedi, R/O House No. - K/1112, Ashiyana, P.S.- Ashiyana, Distt.- Lucknow, State- Uttar Pradesh 3. Dip Chandra Pandey, S/O Shri Suresh Kumar Pandey, Permanent R/O Vill.- Gulelha, P.O.- Sarya (Padrauna), Distt.- Kushi Nagar, State - Uttar Pradesh 4. Balram Das, S/O Shri Premchand, Permanent R/O W.N.-9, Mundera Bazae, Chauri Ghaura, P.S. & Distt.- Gorakhpur, State- Uttar Pradesh -------- Petitioners. Versus 1. The Bihar Public Service Commission through its Secretary having its Office at Bailey Road, Patna 2. The Chairman, Bihar Public Service Commission, Bailey Road, Patna 3. The Secretary, Bihar Public Service Commission, Bailey Road, Patna 4. The Deputy Secretary-Cum-Examination, Controller, Bihar Public Service Commission, Bailey Road, Patna 5. The State of Bihar through Commissioner-Cum- Secretary Department of Personnel and Administrative Reforms, Government Of Bihar, Patna having Office at New Secretariat, Patna 6. The Commissioner-Cum-Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna having Office at New Secretariat, Patna ---- Respondents. ---------------------------------- 5. 14.9.2011 Heard Mr. Lalit Kishore, learned Sr. counsel for respondents no. 1 to 4. No body appears on behalf of the petitioners. The prayer made in the writ petition is for a direction to interview the petitioners and fill up the actual 2 vacancy, pursuant to the examination conducted for the 26th Bihar Judicial Services Competitive Examination 2005, as existing on 8.8.2007. Learned Sr. Counsel appearing for the respondent Bihar Public Service Commission states that the vacancies as advertised for the said examination have been dully filled up pursuant to the recommendation sent to the State Government and such persons have already assumed their offices. He also informs this Court that thereafter, examination for the 27th Bihar Judicial Services Competitive Examination has been completed, whereas 28th Bihar Judicial Services Competitive Examination has progressed to a great extent and shall be taken to its logical conclusion in the near future. He further submits that granting the relief prayed for in the present writ petition will amount to causing prejudice to the persons who have subsequently become eligible due to efflux of time and also for the reason that such vacancies were neither contemplated nor advertised at the time when 26th Bihar Judicial Services Competitive Examination was advertised. He further submits that law in this regard is well settled that the process for selection has to be taken to its logical conclusion on the basis of the rules 3 existing as on the day of the advertisement, which also includes the number of vacancies so advertised. We are in agreement with the submissions made by the learned Sr. Counsel for the respondents and accordingly find no merit in this writ petition. The writ petition stands dismissed. Vinay/ ( S. K. Katriar, J.) (Ahsanuddin Amanullah,J.)