IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3785 of 2009 Dharmendra Kumar . Versus The State Of Bihar & Ors . ----------- 2/ 15/07/2011 Heard learned counsel for the petitioner and the State. The information dated 23.12.2008 furnished to the petitioner under the Right to Information Act clinches the issue that he has arbitrarily been denied appointment under Advertisement No.1 of 2004 when he secured 14 marks while persons junior to him have been appointed. The only defence on behalf of the respondents is that in the final master chart, the agency which fed the data i.e. BELTRON did not print the name of the petitioner. The counter affidavit has been filed on behalf of Chairman of the Constable Selection Board, Munger- cum-Deputy Inspector General, (Human Rights and Legal Matters), Bihar. The Court has gone through the counter affidavit and is at a complete loss to understand whether the deponent was fulfilling the formality of a reply to the Court refusing to accept responsibility for errors that may have crept in in the selection process and desiring that his lapses be covered by the directions of the Court so that he may 2 not be blamed for it. The Court refers the mater to the Chairman himself in view of the finding of discrimination against the petitioner for appropriate directions and orders within a maximum period of two weeks from the date of receipt/production of a copy of this order. It shall not be open for the Chairman to urge any other fresh ground for denial of appointment in view of solitary specific stand taken before this Court in the counter affidavit. Any limitations of date or otherwise of any manner shall be of no relevance and defence for the respondents in view of their admission for arbitrariness and discrimination against the petitioner. The writ application stands disposed with the aforesaid directions. KC ( Navin Sinha, J.)