Judgment 1. Any opportunity on which the petitioner contends was not granted has been sufficiently provided by this Bench on the Letters Patent Appeal of the petitioner. 2. In the writ petition an issue was raised that the petitioner is being dismissed from his appointment. This is not so. A reading of the impugned Annexure 11 dated 27th March, 2002 to the writ petition, puts the controversy in perspective. The petitioners status an he joined the service is only of that of a tracer. He received an appointment as a Junior Engineer. Apparently, someone else was also seeking appointment by promotion on this post and the issues were debated in a cause, C.W.J.C.No. 2385 of 1994. 3. The case of the petitioner is not that he is being dismissed from service. His service is intact. But, the promotion to the post of Junior Engineer is to be processed by the Bihar Public Service Commission. The State could not make a straight appointment on this post. Unfortunately, the petitioners appointment was made on the post instead of matter being considered through Bihar Public Service Commission. 4. The other submission of the petitioner that he was holding the post of Junior Engineer for a long time is irrelevant. No one can hold the post illegally. The petitioner may remain on his substantive post. In so far as the post of Junior Engineer is concerned, the petitioner may, if he so desires, be a contender but in accordance with law. 5. Dismissed.