WA 697/2005 BEFORE THE HON’BLE MR JUSTICE D. BISWAS, CHIEF JUSTICE(ACTG.) THE HON’BLE MR JUSTICE B.D.AGARWAL Heard Mr SK Medhi, learned counsel for the appellant; Mr BJ Talukdar, le arned State counsel; Mr C. Baruah, learned counsel for the respondent Nos.3 and 4 and Mr D. Das, learned counsel for the respondent Nos.7,8 and 9. 2. This appeal is directed against the judgment dated 11.8.2005 passed by t he learned Single Judge in WP(C) Nos.5480/ 2005 and 6964/2004. By the impugned j udgment, the learned Single Judge dismissed the WP(C) No.6964/2004 filed by the appellant praying for appropriate direction for consideration of his case for ap pointment as Food Inspector. 3. On perusal of the judgment under appeal and other materials available wi th the memo of appeal, we find that the appellant who was one of the contestants for 5(five) posts of Food Inspectors has been placed at serial No.12 in the mer it list published by the Commission on 4.9.2004. There is virtually no challenge to the legality and validity of the selection process initiated by the Commissi on and the list published except that the candidate placed at serial No.1 was ov er-aged. But his age was duly relaxed by the State authority. Therefore, challen ge to the selection process on this count does not hold good. The position of th e appellant in the merit list is at serial No.12. Under no circumstances he coul d have been considered by the authority for appointment against any of the posts advertised. We find no merit in this appeal and the same shall stand dismissed.