CWP(T) No. 13839 of2008 17.11.2009 Present: Mr. Onkar Jairath, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General for respondents No. 1 to 4. Mr. N.K. Thakur, Advocate, for respondent No. 6. The petitioner has assailed the appointment of respondent No. 6 as a Primary Teacher. The suitability of the petitioner and respondent No. 6 was adjudged by a duly constituted Selection Committee. The petitioner has secured 56.8 marks and respondent No. 6 has secured 57.8 marks. The petitioner has been awarded ten marks for graduation and five marks each for post graduation and B.Ed. She has been given 10 marks for being unemployed. Mr. Onkar Jairath, learned counsel for the petitioner has vehemently argued that respondent No. 6 has been given disproportionately higher marks in viva voce by the Selection Committee. Once the suitability of the candidates has been assessed by the Selection Committee, this Court will no re-assess the merits of the candidates afresh. In viva voce examination, candidate's personality and his aptitude is adjudged by the Selection Committee. Accordingly, there is no merit in the petition and the same is dismissed. No costs. (R.B. Misra), Acting Chief Justice (Rajiv Sharma), Judge November 17,2009. (bhupender)