WP(C) 4420/2010 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. R. Dhar, learned counsel for the petitioners as well as Md. A. Hussain , learned C.G.C. The petitioners are aspirants for appointment to the post of Constable in the CR PF. They appeared in the selection and cleared physical test, written test, oral test and so also, the medical fitness test. Since they have not been appointed, they have approached this Court by filing the instant writ petition. In the counter affidavit filed by the respondents, the marks obtained by the pet itioners, who are ST category candidates, have been disclosed. The petitioners h ave secured 41, 36 and 35 marks respectively. It has been stated that the last S T candidate, who has been appointed, has secured 49. Thus, according to the resp ondents, since the petitioners did not come within the zone of consideration, th ey could not be appointed. Mr. R. Dhar, learned counsel for the petitioners, referring to the advertisement in question, submits that since 33% of marks was prescribed for selection of re served category candidates including that of ST, petitioners having secured more than 33% marks i.e. 41, 36 and 35 respectively, they should have been appointed . So far as the prescription of 33% marks in the advertisement is concerned, it wa s stated in the advertisement that the final selection of the candidates will be made in order of merit in each category candidate-wise. It was also stated that the cut-off percentage of marks for appointment will be 35% for general and ex- servicemen and 33% for ST/SC/OBC candidates. Thus, what was provided in the adve rtisement was the minimum cut-off marks for final selection, which by no stretch of imagination can be construed to be the cut-off marks for appointment. If th e plea of the petitioners is to be accepted, then irrespective of vacancy positi on the candidates securing 33% of marks will have to be appointed. While enterta ining the minimum standard, the appointment will have to be made as per the zone of consideration. In the instant case, the last ST candidate, who has been sele cted, having secured 49% marks and the merit position of the petitioners being f ar below, it cannot be said that they should be appointed. In view of the above, no relief can be granted to the petitioners and consequent ly the writ petition is dismissed.