IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6390 OF 2007 Mr.Jitendra Kumar ..Petitioner V/s. The Chairman Life Insurance Corporation of India & Others ..Respondents Mr.Suresh Kumar for the petitioner. Mr.V.Y. Sanglikar for respondent Nos.1 to 3. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 22ND JULY, 2008 P.C. : 1. By this petition, the petitioner challenges selection and appointment which was made in the month of October, 2006, which is filed in the month of July, 2007 only on the ground that for interview 50% of the total marks were allotted. Even according to the petitioner, he was informed in July 2007 that 50% of the marks were allotted to the interview, but the petitioner took more than six months time to file this petition. There is no explanation for this delay. Admittedly, persons who were selected have been appointed in October, 2006, they have joined and presently working, in our opinion, therefore, delay in approaching this Court is fatal. 2. We also find that the Supreme Court by a judgment in the Anzar Ahmad : Abid Asghar V/s. State of Bihar reported in 1994(1) SCC 150 has upheld a selection method which involved allocation of 50% marks for academic performance and 50% marks for the interview. That judgment has been considered by the Supreme Court in its subsequent judgment in the case of Jasvinder Singh V/s. State of Jammu & Kashmir reported in 2003 (2) SCC 132 and has observed that there cannot be any hard-and-fast rule of universal application for allocating the marks for viva voce vis-a-vis the marks for written examination and consequently the percentage indicated therein alone cannot be the touchstone in all cases. It has been observed that what ultimately required to be ensured is as to whether the allocation, as such is with an oblique intention and whether it is so arbitrary as capable of being abused and misused in its exercise. 3. We do not see any merit in this petition. Taking overall view of the matter, in our opinion, the petition cannot be entertained. Hence, rejected. No costs. D.K. DESHMUKH, J. J.P. DEVADHAR, J.