IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9536 of 2006 AVINASH KUMAR S/O Sri Surajdeo Singh resident of Adarsh Colony West Patel Nagar Patna. Petitioner............... Versus 1.THE UNION OF INDIA through Secretary, Home Department , New Delhi. 2. The Director General of police, C.R.P.F. Govt. Of India , New Delhi. 3. Addl.D.G.P. Group Centre C.R.P.F. Mokamaghat, Patna. 4. Inspector General of Police, Central Sector, CRPF, Vibhuti Khand,, Gomati Nagar (U.P.) 5. Deputy Inspector General of CRPF, Mokamaghat, Patna. Medical Officer Group Centre, CRPF, Mokamaghat, Patna. --------- For the petitioner :- Mr. Shashi Anugrah Narain Sinha, Sr. Advocate Mr. Ashok Kumar, Advocate For the respondents:- Mr.Kaushal Kr.Jha, Advocate. 8 9-1-2009 Heard learned counsel for the petitioner and learned counsel for the respondents. Petitioner has made a complaint that in spite of having secured more marks than some of the persons selected and appointed to the post of Head Constable (Ministerial) in Central Reserve Force, petitioner has not been selected and appointed. According to petitioner the only hurdle in the way of the selection of the petitioner was his initial failure to qualify in the medical test but admittedly petitioner’s appeal for re-medical test was successful and he was declared medically fit. According to petitioner his non-selection even thereafter is arbitrary and - 2 - discriminatory. According to the averments made in the counter- affidavit and supplementary counter-affidavit filed on behalf of respondent officials of the Central Reserve Police Force the real hurdle in the way of the petitioner was on account of his failure to achieve the minimum standard in typing test but this was admittedly on a re-evaluation of the answer sheets in the typing test.The re-evaluation was ordered by the Inspector General concerned of C.R.P.F. at Lucknow vide order dated 15-9-2005 (Annexure-B) to the supplementary counter-affidavit. It was done on account of complaint/irregularity in conduct and evaluation of the typing test in Hindi. According to the averments in the supplementary counter-affidavit only those who qualified in the typing test by securing 25 or more marks were finally selected and appointed and they included persons who had obtained in aggregate less than the petitioner in written and interview. There is no dispute that achieving minimum required standard in Hindi typing test was a condition precedent for selection. On behalf of petitioner first an argument was - 3 - Naresh advanced that re-evaluation has been used as ploy to defeat the petitioner’s claim for selection but this court finds no merit in such allegation. The next serious submission was that the respondents do not have power to order for re- evaluation of answer sheets of Hindi typing test. This court does not agree with this submission for the simple reason that such functions are performed in exercise of administrative power and the administrative powers are coterminous with the legislative powers unless there be a legal bar . In the facts of the case this Court finds no merit in the writ petition. It is, accordingly, dismissed. (Shiva Kirti Singh,J)