IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1134 of 2009 Pramod Kumar . Versus The State Of Bihar & Ors . ----------- 2/ 30/06/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was an applicant for the post of Constable. He claims that he appeared in all selection tests and succeeded. He was finally selected for the post and his name put in the merit list vide Annexure-1. Notwithstanding the same, he has been denied appointment. The contention of the petitioner that Annexure-1 is a merit list appears misconceived as it appears to be a third waiting list. A counter affidavit is filed today on behalf of the respondents. Copy of the same is acknowledged to have been served on the counsel for the petitioner as far back as 13.11.2009. No rejoinder to the same denying the statements of facts in the counter affidavit more appropriately with regard to those made in paragraph-6 supported by Annexure-A has been filed. Paragraph-6 along with Annexure-A to the counter affidavit reveals that the petitioner did not qualify on the basis of measurements of his height and 2 chest. He was also absent from the high jump, long jump and shot put throw tests. The contention on his behalf that he had participated in all the physical tests is therefore not a correct statement of fact in view of the chart of candidates along with their performance appended at Annexure-A to the counter affidavit. Whether it be on the merits or the conduct of the petitioner in not having come to this Court with clean hands, no relief can be granted to him. The application is dismissed. KC ( Navin Sinha, J.)