IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8984 OF 2007 BIBI AFSHANA PARVEEN, D/O MD. AMIRUDDIN,R/O VILLAGE MANIHARI, P.S MANIHARI, DISTRICT KATIHAR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, KATIHAR. 3.THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR. 4.THE BLOCK EDUCATION EXTENSION OFFICER,MANIHARI, DISTRICT KATIHAR. 5.THE BLOCK DEVELOPMENT OFFICER, MANIHARI, DISTRICT KATIHAR.. 6.BIBI FIROZA BEGUM, DAUGHTER OF MD. IMRAN, R/O VILLAGE KATHOLIA P.S MANIHARI, DISTRICT KATIHAR. ………………………RESPONDENTS. ----------- 02/ 29.09.2011 Heard counsel for the parties. All said and done when the learned counsel for the petitioner is not in a position to deny that the respondent no. 6 had obtained much higher marks than the petitioner who had secured 789 marks as against 909 secured by respondent no. 6 the rest of the submission of learned counsel for the petitioner as with regard to illegality in selection and appointment of respondent no. 6 on the post of Prakhand Shikshak has to be only noted for its being rejected. Respondent no. 6 is admittedly better in merit and the petitioner cannot 2 successfully assail the same either before this Court or before the District Teachers Appellate Authority. That being so, this application is wholly misconceived and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)