IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7254 of 2006 SRI ARJUN KUMAR YADAV & ORS Versus THE BIHAR STATE ELECTRICITY BOARD & ORS ----------- 5. 23.09.2008 Heard the learned Counsel for the petitioners and the learned Counsel for the Bihar State Electricity Board. Despite three adjournments no counter affidavit has been filed on behalf of the respondents. Learned Counsel submits that the petitioners were appointed on Class IV post on compassionate ground. Subsequently the Board published an advertisement inviting applications for promotion from Grade IV to Grade III (Non Technical) posts. Written test was held for the purpose under Employment Notice no. 1/05. Despite the fact that the petitioners obtained higher marks in their respective categories, those with lesser marks than them in the same category have been appointed. This, it is submitted, is arbitrary and contrary to law. Candidates possessing lesser marks cannot be appointed ignoring those with higher marks. He draws attention of the Court to paragraph nos. 12 and 13 of the writ application. It is not possible for this Court to adjudicate on the issue in absence of any cooperation from the respondents themselves on the issue. The writ application is therefore disposed with directions to respondent no. 2 to examine the records of the selection. If he finds justification in the claim of the petitioner he shall be required to pass appropriate orders with regard to the petitioners. In the event he proposes to pass an order prejudicial to the petitioners he shall be required to pass a reasoned and speaking order. Let the same be done by respondent no. 2 within a maximum period of twelve weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)