IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5091 of 2006 PRAMOD KUMAR JHA Versus THE UNION OF INDIA & ORS ----------- 06- 5.12.2008 Heard Mr. Prabhas Ranjan for the petitioner, and Mr. Anil Kumar Sinha for the respondents. The petitioner seeks a direction to the respondent authorities for his appointment as a Constable in the Railway Protection Force, inter alia, because of his position in the merit list. The respondents have placed on record their counter affidavit and have opposed the writ petition. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioner belongs to the unreserved/general category candidate. He had participated at all stages of the selection process. He was under the impression that he was at sl.no.144 of the merit list and seeks appointment because there have been altogether 188 vacancies. It appears from a perusal of the counter affidavit that initially the advertisement had tentatively stated that there would be altogether 188 vacancies in the unreserved/general category which was subject to final determination of vacancies after informations were received from different units of the Indian Railways. On final determination, 185 vacancies for this category were determined. It further appears to me that all the 185 vacancies have been filled up by candidates who have scored higher marks than the petitioner. He had scored 36.25 marks, whereas the last candidate in this category has scored 40 marks. Furthermore, there are 9 candidates above the petitioner in the merit - 2 - list and have not been given appointment letters. It thus appears to me that there is no merit in the writ petition. 3. The writ petition is accordingly dismissed. ( S K Katriar ) mrl