IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12513 of 2009 SHAMBHU DUTT PATHAK, S/O- SHRI SHIV KUMAR PATHAK, RESIDENT OF VILLAGE-VISHNUPUR, P.O. BERI, DISTRICT- DARBHANGA. ………. Petitioner . Versus 1. THE UNION OF INDIA THROUGH CHIEF POSTMASTER GENERAL, BIHAR CIRCLE, PATNAL 2. THE SUPERINTENDENT OF POST OFFICES, SAMSTIPUR DIVISION, SAMASTIPUR. 3. SUB-DIVISIONAL INSPECTOR OF POST OFFICES,, ROSERA, SUB-DIVISION, ROSERA. 4. NAMAMI SHANKAR CHOUDHARY, S/O- JAGDISH CHOUDHARY R/O- VILLAGE AND P.O.- HIRNI VIA KUSHESHWAR ASTHAN, DISTRICT- DARBHANGA AND PRESENTLY POSTED AT GDSDA/MC, SATIGHAT B.O. IN ACCOUNT WITH KUSHESHWAR ASTHAN, ,S.O. IN SAMASTIPUR POSTAL DIVISION, SAMASTIPUR ……….. Respondents 2 03.02.2010 Heard Mr. Sanjay Kumar Giri for the petitioner, and Mr. Rakesh Kumar learned counsel for respondent nos. 1 to 3. This writ petition is directed against a common order dated 26.2.2009, passed by Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 542 of 2002 (Namami Shankar Choudhary versus Union of India & Ors), and O.A. No. 736 of 2002 (Shambhu Dutta Pathak versus Union of India & Ors) whereby the original application filed by Namami Shankar Choudhary (respondent no. 4) has been allowed quashing the order dispensing with his services, and the original application filed by the petitioner (Shambhu Dutt Pathak) has been dismissed. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. We entirely disagree with the submission made on behalf of the 2 petitioner that he should have been preferred to respondent no. 4, in view of the position that he (the petitioner) secured higher marks in matriculation. This is completely misreading the advertisement (Annexure-1), which governs selection of a Gram Dak Sewak. Paragraph no. 7 and 8 of the advertisement reads as follows: “7. Educational Qualifications: The minimum qualification for the post is VIII standard. Matriculation will be preferred. No weightage will be given for higher qualifications. 8. A Sewak shall fulfil the compulsory condition of alternate independent source of income preferably desired from landed property or immovable assets as a pre-condition for employment as Sewak and shall maintain the same after his employment as Sewak on the usual terms and conditions, governing such deputation/appointment.” 3. The admitted position is that both the petitioner and respondent no. 4 are matriculates. Paragraph 7 of the advertisement does not state that a person having secured higher marks at the matriculation examination will be given preference. Furthermore, there are more factors to be taken into account as per paragraph 8 of the advertisement. The respondent authorities have taken all the aspects of the matter, and preferred respondent no. 4 to petitioner. We do not find fault with the selection process. 4. The writ petition is dismissed. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )