IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12180 of 2006 RAM BAHADUR SINGH Versus THE INDIAN OIL CORPN.LTD.&ORS ----------- For the petitioner : Mr. Ras Bihari Thakur For the respondent Corporation : Mr. K.D.Chatterjee,Sr. Adv. Mr.Amlesh Kumar Verma 4 26.9.2008 Petitioner had applied for being appointed for establishing Kisam Seva Kendra of Indian Oil Corporation. After scrutiny of all papers it appears that four persons were called for interview. Petitioner claims that he was empanelled as second and challenges the selection of first with relief that on first being disqualified he automatically gets selected. Mr. K.D.Chatterjee ,learned Senior counsel appearing for the Indian Oil Corporation submits that the petitioner cannot be permitted to maintain this writ petition inasmuch as the petitioner was not found eligible at all. He submits that as per the terms of advertisement itself every candidate must secure minimum 60% marks on evaluation of different parameters by the Evaluating Committee . A total marks i.e. awardable was 85 and thus 60% would be 51. The report of Evaluating Committee has been appended , which shows that the petitioner had obtained 47.4 marks only. That being so, he was ineligible . Even if respondent no.7 is held to be ineligible that will not grant any relief to the petitioner. Petitioner then submitted that he has been wrongly discriminated in awarding marks. Heard the parties and with their consent this writ petition 2 is being disposed of at the stage of admission itself. It is well settled that right of judicial review in an application under Article 226 of the Constitution is limited to decision making process and not the decision itself. This Court does not sit in an appeal over the decision made by the authority Thus as to what marks should have been awarded is not a question open for this Court to get settled. Secondly, Writ Court does not issue futile right. Here even if the appointment of respondent no.7 was to be cancelled, no relief is available to the petitioner and as such the writ could be futile. The writ petition merits no consideration and is dismissed accordingly. u SINGH (Navaniti Prasad Singh , J.)