IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2337 of 2010 AJEET KUMAR S/O DEVENDRA PRASAD R/O MOHALLA- MAIN ROAD, MASHUDHI, P.S.- MASHUDHI, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY PANCHAYAT RAJ, GOVERNMENT OF BIHAR, PATNA 2. THE COLLECTOR ARWAL 3. DISTRICT WELFARE ARWAL 4. THE SUB DIVISIONAL OFFICER ARWAL 5. THE SECRETARY GRAM PANCHAYAT RAJ ----------- 02. 08.12.2010 Writ has been filed because the petitioner claims that he has requisite merit and marks to be considered and appointed, in the district of Arwal as a teacher. He has alleged that he has been arbitrarily ousted from the zone of consideration and he has a rightful claim for appointment. State was directed to explain the situation and now a counter affidavit has been filed where there is a clear evidence along with assertions that the petitioner did not furnish the mark-sheets for his training and other details which made his consideration untenable so far as respondents are concerned. The receiving register has been annexed as Annexure-A where name of the petitioner figures at serial No.9 and the evidence speaks for itself. If the receiving register indicates the factual position with regard to the claim of the petitioner, then respondents have done no wrong by non-consideration merely because he has furnished some material at the time of so-called counselling. In the opinion of the Court, the question of eligibility and drawing up the merit list will be dependent upon availability of all the marks and mark-sheets, which makes a person eligible at the 2 threshhold. In absence of the same, petitioner has no right for consideration. It is a misplaced kind of writ application. The same is dismissed. rkp ( Ajay Kumar Tripathi, J.)