IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16504 of 2009 SURESH DUBEY Versus THE STATE OF BIHAR & ORS ----------- 2. 12.01.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner claims to be an applicant for appointment on the post of Chaukidar/Dafadar under Advertisement no. 1 of 2007. Learned Counsel for the petitioner asserts arbitrariness on the part of the respondents by urging that he participated in the selection process when subsequently by order dated 14.11.2008 they have stated that he filed to qualify in the selection process. Learned Counsel for the State submits that the order dated 20.9.2008 denying his participation has been issued by Public Grievance Cell in the office of District Magistrate which may have been an oversight at best. The order dated 4.11.2008 is speaking in nature when it discloses that the petitioner obtained 64 marks while the last selected candidate obtained 82 marks. The petitioner in the application has not disputed the authenticity of the fact that he did not have the qualifying marks but claims that he should have been given weightage for his past experience. However there is no assertion in the writ petition that there was any such stipulation in the advertisement for weightage. In that view of the matter learned Counsel for the petitioner seeks leave to withdraw this application to pursue the matter before the authorities themselves on the plea of further vacancies still being available. This Court makes no observation with regard to the same. The writ application is dismissed as withdrawn. Snkumar/- (Navin Sinha,J.)