IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3168 of 2009 SURYA MOHAN JHA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :- Mr. Sanjeet Kumar For the State :- Mr. Giridhar Gopal Tiwary For Respondent Nos. 3 & 4 :- Shri P.K. Shahi Mr. S.S. Sundram 2 16.3.2009 Heard counsel for the parties. This Court, even if, accepts the plea raised by the petitioner as against the re- evaluation as raised in paragraph no.22 of this writ application, the net result would be the same inasmuch as the petitioner has secured only 228.86 in such re-evaluation whereas the cut off for appointment is 233.29. Therefore, even if, the three alleged incorrect questions any one mark each, as canvassed by the petitioner are not taken in account the petitioner would still not get advantage of five marks and thus, the whole exercise will be a futility. Consequently, the only prayer made in this writ application, seeking re-evaluation of the answer sheet of the petitioner after deleting the three alleged incorrect questions, even if allowed by this Court will in no manner ensure to the benefits of the 2 petitioner. That being so, once the re-evaluation of the answersheets of all the candidator including the petitioner, has been done in terms of the judgment of this Court in CWJC No. 9155 of 2008, there would be hardly any occasion for this Court to again re-open the matter. Accordingly, this writ application is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)