IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11675 of 2006 JAI PRAKASH KUMAR @ JAY PRAKASH KUMAR Versus THE UNION OF INDIA & ORS ----------- For the petitioner: Mr.Hemant Kumar Karn, Advocate For the respondents No.1 to 4 : Mr. U.N.Dubey, Advocate For the respondent no.5 : Mr. Gautam Bose, Senior advocate ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 20th August, 2008 We heard the counsel for the petitioner. In paragraph 4 of the impugned order, the Tribunal considered the matter thus: “We have heard both the counsel and perused the pleadings. Counsel for the applicant submitted that mere pendency of Criminal case can not be an impediment in Govt. service. He relied on the judgment given by Tribunal in the case of Surendra Kumar Chaudhary and Ralish Chandra Singh in support of his contention. In the instant case it is seen that applicant did not have the highest marks. The highest marks were received by one Smt. Sunaina Kumari so if at all any one can claim to be better candidate for appointment, it would be Smt. Sunaina Kumari . We do not know that she also might have filed a case because it is seen that for one ED post 3 to 4 cases are generally filed by various candidates, therefore, simply because she is not before us we cannot ignore her claim nor can give direction to the respondents to give appointment to applicant because ultimately if she has also filed a case, the direction given in this case would have to be recalled because she is definitely the best candidate on the basis of marks obtained in matriculation. Since on merits applicant is found to be not most meritorious, we need not go into the 2nd question of involvement in criminal cases.” 2 2. If in view of the aforesaid observation, the Tribunal dismissed the original application, we have no justifiable ground to take a view different from that of the Tribunal. 3. Writ petition does not deserve to be admitted. It is dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil