IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2728 of 2009 RAKESH KUMAR RAM Versus THE STATE OF BIHAR & ORS ----------- 2 2/3/2009 Heard counsel for the petitioner, counsel for the respondent-Bihar Staff Selection Commission as also counsel for the State. Though a number of prayer has been made in this writ application, but counsel for the petitioner realizing the stage which is existing at the moment, would confine his prayer for being supplied the marks secured by the petitioner in the competitive examination as also the cut off marks of the scheduled caste category affixed in course of selection for the post of Ophthaimic Assistant. Counsel for the petitioner would however submit that the petitioner has already filed an application with regard to his grievance under Right to Information Act before the Commission. Counsel for the Commission would submit that there is already a fixed procedure for supply of marks sheet and the marks sheet can definitely be given 2 after depositing of the required fee. This Court realizing that the interview for the said post is going to be held on 18th March, 2009 and that the petitioner has legitimate expectation of qualifying therein, though his name has not been included in the result of the examination, must be at least satisfied that the Commission had committed no illegality in not sorting out his name for the interview on account of not securing minimum cut off marks for the category of scheduled caste to which the petitioner belongs. This Court, therefore, would direct the Commission to supply marks sheet of the petitioner as also the cut off marks of the scheduled caste category for issuance of call letter for interview, i.e, qualifying marks in the written examination by 9th March, 2009. The petitioner undertakes to deposit the necessary fee for issuance of marks sheet by tomorrow. This order should not mean that this Court has either accepted claim of 3 the petitioner or even has directed the Commission to treat the petitioner as a candidate of Scheduled caste category. This Court only has answered to the grievance of the petitioner wherein he feels that despite securing qualifying marks he has not been called for interview. If the petitioner has, therefore, been treated as general category or scheduled caste category, the same will have no bearing on the issuance of either marks sheet or the cut off marks. In case the petitioner has been treated as general category, cut off of general category should also be supplied. With the above observation and direction this application is disposed of. Let a copy of this order be given to the counsel for both the petitioner and the Commission. (Mihir Kumar Jha, J.) Abhay Kumar