IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5840 of 2000 Suresh Prasad Mandal, son of Sri Prem Mandal, resident of village - Faridpur, P O – Jamalpur, P S – Jamalpur, District – Munger -Petitioner Versus 1 The State of Bihar through Secretary, Department of Health, office at New Secretariat, Bailey Road, Patna 2 Bihar Public Service Commission through its Chairman, office at Bailey Road, Patna 3 Secretary, Bihar Public Service Commission, Bailey Road, Patna, office at Bailey Road, Patna 4 Deputy Secretary, Bihar Public Service Commission, office at Bailey Road, Patna -Respondents *** For the petitioner : Mr Binay Kr Singh, Advocate For the B P S C : Mr Sanjay Pandey, Advocate For the S t a t e : Ms Ratna Das, AC to AAG VIII *** 13 13.05.2011 The petitioner was wrongly appointed in the Health Department by an infamous Dr Mallick. Ultimately, pursuant to directions of the Hon’ble Apex Court to rehabilitate such persons, fresh advertisements were issued. State was obliged to give extra weightage to such persons. The matter was then monitored by a Division Bench of this Court. As per the order of the Division Bench, as appended by the petitioner himself being order dated 11.05.1999 passed in CWJC No 5390 of 1993 and analogous cases (Anil Kumar & others –Versus- State of Bihar & others), it is clear that by the said order, this Court permitted grant of weightage of 8 marks for the purposes of qualifying in the preliminary test. The qualifying mark for general candidates was put at 50 whereas Dr Mallick’s appointees were given 42 marks as cut off marks. Petitioner’s own case is that he qualified in the preliminary test. 2 In the typing test, he alleges that he had also qualified but there is nothing to support that. Bihar Public Service Commission, in the counter affidavit, has stated that in the typing test, it is only the more meritorious who were selected. Petitioner, not having made the mark, was not selected. In that view of the matter, I find no merit in this application. It is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh)