IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1033 of 2008 PAWAN KUMAR,SON OF SHRI AWADHESH PRASAD SINGH, RESIDENT OF VILLAGE-DAYALI BIGHA,P.O. KOSLA, P.S. HISUA, DISTRICT NAWADAH Versus 1. UNION OF INDIA THROUGH DIRECTOR GENERAL, C.R.P.F., DIRECTORATE, GOVERNMENT OF INDIA, HOME MINISTRY, NEW DELHI 2. THE INSPECTOR GENERAL, C.R.P.F.,BIHAR, PATNA. 3. THE ADDITIONAL INSPECTOR GENERAL, C.R.P.F. MUZAFFARPUR,BIHAR 4. THE COMMANDANT C.R.P.F., RECRUITMENT CENTER GAYA--- RESPONDENTS. ----------- 3 28.1.2009 Writ petitioner-appellant, aggrieved by the order dated 21.10.2008 passed by the learned Single Judge in CWJC No. 5602 of 2005, dismissing the writ application, has preferred this appeal under Clause 10 of the Letters Patent. Writ petitioner-appellant was a candidate for recruitment as Constable in the Central Reserve Police Force. Qualifying marks for appointment to the post of Constable was fixed at 35 marks. Assuming that writ petitioner had secured 35 marks, the learned single Judge declined his prayer for appointment on the ground that last person recruited on merit had secured 53.5. marks. Simply because the petitioner had secured qualifying marks will not entitle him for - 2 - recruitment as constable. As the last person appointed had secured 53.5. marks, we are of the opinion that this appeal is absolutely misconceived. Appeal stands dismissed in limine with a cost of Rs.5000/- to be paid by the appellant to the Union of India. (Chandramauli Kr.Prasad, ACJ.) (Shyam Kishore Sharma,J.) A.Kumar