IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16664 of 2011 Atish Kumar Singh S/O Sri Ram Balak Singh R/O Village-Hasanpur Diyara, P.O.- Parmanandpur, P.S.-Balia, District - Begusarai Versus 1. The State of Bihar. 2. The Director General of Police, Bihar, Patna. 3. The Deputy Inspector General of Police, Darbhanga. 4. The Superintendent of Police, Darbhanga. ----------- 02. 17.11.2011 Petitioner wants a mandamus or a direction upon the respondents to declare the result and also consider him for appointment on the post of a constable on the basis of an advertisement No.1/04. His name was never published in the result issued by the respondents, according to him, for extraneous reasons. A counter affidavit has been filed in which the categorical stand of the respondents is that admitted position even by the petitioner is that he had only 9 points in his favour and the last man in had 13 points. When the records have been verified it has emerged that because of the so-called marks obtained by him, his name is not reflected in any of the merit list i.e. 1st, 2nd or 3rd nor in the waiting list. Obviously petitioner is miles away from the qualified candidates and therefore the present writ is more of speculative in nature and not based on any substantive case of discrimination. The next submission on behalf of the petitioner is that his case is covered by the decision of the Division Bench rendered in LPA No. 831 of 2009. 2 Merely because the Division Bench has given a direction that the vacancy positions for all this period have to be taken into consideration, the case of the petitioner does not come within the ambit of the decision of the Division Bench. Writ is dismissed as being devoid of merit. rkp ( Ajay Kumar Tripathi, J.)