IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.41 of 2010 AJAY SINGH RAJPUT S/O SHRI SURENDRA PRASAD SINGH R/O VILL.- JETHIAN P.S. ATARI, DISTT.- GAYA VERSUS 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR GENERAL-CUM-THE INSPECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE INSPECTOR GENERAL OF POLICE, BHAGALPUR ZONE, BHAGALPUR 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, MUNGER 5. THE CHAIRMAN, CONSTABLE SELECTION BOARD, MUNGER RANGE, BOARD NO.1-CUM A.I.G. (INSPECTION) BIHAR, PATNA …………………………………………………………………………………RESPONDENTS ******** 2 03/05/2010 The petitioner appeared for selection for the post of constables against the Advertisement No. 01 of 2004. The physical test was conducted in the year 2006 and results were declared in July, 2008. The petitioner claims that at the time when he took his physical test, he was informed by the Authorities that he had scored 15 marks. According to the Counsel for the petitioner, the cut off marks for selection was 15 and as such he claims that he ought to have been selected. The petitioner applied for his results in the physical test by filing an application under the Right to Information Act, which is contained in Annexure-3 series. On perusal of Annexure-3 series, it appears that the petitioner was allotted 13 marks in the physical test. Therefore, it appears that even on his own pleading, he cannot make out a case to suggest that he was left out 2 from the zone of consideration although he had scored the qualifying marks in the physical test, Annexure-3 indicates otherwise. In any event, the matter for selection against the said Advertisement No. 01 of 2004 has ended and now the Department has issued a fresh advertisement for holding the selection for the post of Constables and as such this Court cannot order that appointment be made against Advertisement No. 01 of 2004, apart from which there is no merit in the point raised by the petitioner, that he is entitled for selection as he had the qualifying marks. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )