WP(C) 2337/2011 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. D.C. Bora, learned counsel for the petitioner as well as Mr. D. Neog, learned CGC. The petitioner, who was an aspirant for the post of Constable (G D) in CRPF is aggrieved by non-inclusion of his name in the select list for appo intment. Initially he was declared medically unfit, but on a review, he was foun d to be medically fit. While entertaining the writ petition by order dated 4.5.2 011 Mr. Neog, learned CGC was directed to obtain instruction in respect of the f ollowing: 1. The minimum percentage of marks required to be secured b y a candidate for selection; 2. The marks secured by the petitioner as a general categor y candidate. Mr. Neog has received instruction in writing, in which is has be en stated that the petitioner had secured 37 marks and the last candidate, who h as been selected in the general category candidate had secured 43 marks. Thus, i t is the stand of the respondents that the petitioner did not obtain the qualify ing marks for inclusion in the select list and consequently, his name could not be included in the select list. Mr. Bora, learned counsel for the petitioner, upon a reference t o Annexure-1 advertisement more particularly clause 12 (f) submits that cut off percentage of marks for appointment having been indicated as 35%, the petitioner ought to have been included in the select list. The aforesaid cut off mark of 35% indicated in the advertisement for general category candidate was the minimum requirement. When the last candi date in the general category candidate included in the select list has secured 4 3, it cannot be said that because the cut off mark was prescribed as 35% and the petitioner having secured 37% should be included in the select list. The petiti oner having failed to secure the qualifying marks for inclusion of his name in t he select list, cannot seek any direction from this Court for inclusion of his n ame in the select list. In view of the above I do not find any merit in the writ petitio n and accordingly, it is dismissed.