ORDER : By the Court - This application has been filed for issuance of a direction commanding the respondents to consider the case of the petitioner for appointment on the post of 'Electrical Instructor' in the Backward Caste-II category. 2. It is submitted that as per the advertisement, 03 posts of 'Electrical Instructor' are reserved for the candidates, belonging to Backward Caste. Thus, they are entitled for appointment on the reserved post of 'Electrical Instructor'. The petitioner applied for the said post and he appeared in the examination conducted by the Jharkhand Combined Entrance Competition Examination Board(J.C.E.C.E.B.). However the petitioner was not called for counselling, though his name appeared at serial no.6 of the merit list of Backward Caste category. 3. It is submitted by the learned counsel for the petitioner that it is an admitted position that candidates, whose name appeared at serial nos. 1 to 5, have not turned up for counselling, therefore, they have not been appointed on the aforesaid posts. Thus, the respondents are legally bound to appoint the petitioner as he is at serial no.6 of the merit list. 4. On the other hand, learned J.C. to Advocate General and learned counsel appearing for the respondent nos. 5 and 6, submitted that from perusal of Annexure-1, it is clear that after the examination, no waiting list required to be prepared. It is also submitted that there is no stipulation in the advertisement that after the written examination viva-voce test will be taken. Rather the advertisement clearly stipulates that the appointment will be made as per the merit list prepared on the basis of marks obtain in Entrance Competition Examination. It is an admitted position that after the examination, a merit list published in the newspaper (Annexure-5) in which, roll number of the petitioner does not find place. Thus, it is clear that the petitioner was not declared successful. Accordingly, it is submitted that the petitioner is not entitled for appointment. It is further submitted that the panel had already been expired. 5. Having heard the submissions, I have gone through the record of the case. From perusal of Annexure-1, it is clear that the appointment will be made as per merit list prepared after the Entrance Competition Examination. Accordingly, it is submitted that the petitioner is not entitled for appointment. It is further submitted that the panel had already been expired. 5. Having heard the submissions, I have gone through the record of the case. From perusal of Annexure-1, it is clear that the appointment will be made as per merit list prepared after the Entrance Competition Examination. It further appears that the respondent no.2 published the merit list in the newspaper namely, Prabhat Khabar on 05.11.2010 (Annexure-5), in which the petitioner has not been declared successful. There is no stipulation in the advertisement that any waiting list will be prepared and if any candidate, who was declared successful, remain absent in the counselling, then in his place, other candidate from waiting list would be appointed. In that view of the matter, I find that the petitioner has no legal right for appointment on the post of 'Electrical Instructor' reserved for Backward Caste category as per advertisement (Annexure-1). 6. Thus, I find no merit in this writ application, accordingly, the same is dismissed. Application dismissed.