Judgment 1. Heard the learned counsel for the petitioner and the learned counsel for the State. 2. Petitioner participated in the selection process for appointment to the post of Jeep Driver of Tuberculosis Control Programme as per an advertisement published by the concerned authority as Advertisement No. 01/97. 3. It has been submitted on behalf of the petitioner that although a writ petitionhas been dismissed by a Division Bench in the case of Arun Kumar Ojha vs. The State of Bihar, reported in 2002(1) PLJR 475 but in that case one aspect of the matter was not properly canvassed and considered. According to the learned counsel for the petitioner no preliminary test could be held in respect of the persons who were earlier appointed by Dr. Mallik and had been removed from service on the ground of illegal appointment but petitioners case falls tor consideration in view of direction of the Apex Court in the case of Ashwini Kumar vs. The State of Bihar, reported in (1997)2 SCC 1 . 4. On going through the Division Bench Judgment this Court finds that the same aspect of the controversy was considered by the Division Bench which took notice of various objections raised before the monitoring bench and disposed of by an order dated 11.5.99. 5. Thus, this Court is satisfied that the case of the petitioner must be governed by the Judgment of the Division Bench in the case of Arun Kumar Ojha vs. the State of Bihar. 6. Accordingly, this writ petition is dismissed.