IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8365 of 2006 RAKESH ROSHAN Versus THE UNION OF INDIA & ORS ----------- 3 11.8.2008 Heard learned counsel for the parties. The present writ application has been filed for direction upon the respondents to issue him a letter of appointment pursuant to an advertisement published in the year, 2003 for filling up the post of constable ( General Duty). Petitioner claimed that there seems to be discrimination in the matter of appointment and there is something a miss because the petitioner’s name was there in the first list published in the Hindi Daily Aaj but subsequently his name did not figure in the result published in the Hindustan Times News Paper. In the counter affidavit which has been filed on behalf of the respondents it is stated that the petitioner did figure in the list at the relevant time but he had secured only 48 marks in all. Initially the candidates who secured 53.5 marks and above were placed in the merit list of general category and were offered appointment. To make up vacancy short fall a wait list was also published. That was the reason some more names figured in the list of successful candidates. They categorically state in paragraph- 7 of the counter affidavit that appointment letter had been issued to all such candidates who had secured 52 marks and above in so far as general category candidates are concerned. Nobody below the said marks has been selected. Petitioner has got 48 marks. - 2 - Therefore his name figured in the list of successful candidates but final appointment letter has not been sent. In view of the above factual position the misgiving expressed by the petitioner for his non selection does not seem to the correct and there is no discrimination or wrong doing as such. In that view of the matter there is no merit in the writ application and it is dismissed. RPS (Ajay Kumar Tripathi,J.)