IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16863 of 2011 Chhotan Ram SON OF LATE LALAN RAM RESIDENT OF CHILAHA, P.S. BAD, P.S. KARAKAT, DISTRICT ROHTAS. Versus The State Of Bihar & Ors ---------------------------------- 3 21/11/2011 This writ application has been filed by the petitioner pleading discrimination in the matter of appointment on the post of constable under the Scheduled Caste category. Petitioner has himself obtained information under Right to Information Act which is annexure-11 to the writ application. It is evident that the last person appointed on the post had 12 marks which petitioner also holds but Inderdeo Kumar who came to be appointed has the date of birth 4.3.1977 whereas the present petitioner was born on 10.01.1981. Merely because the petitioner had identical marks, it does not mean that he also figured in the same merit list as others who came to be appointed. Looking at the limited posts available for the Scheduled Caste category and if age had to be given weightage, then the reason for non selection of the petitioner is obvious and there is no mischief or malafide - 2 - in matter of his non selection. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)