THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15936 OF 2011 ORDER: This writ petition is filed to declare the action of the respondents in trying to fill up the vacancies of Trainee Sub Engineer with less qualified candidates in the written examination conducted by the respondents on 27.02.2011 in pursuance of the notification No.4/CGM(Adm)2010 during the pendency of the representation dated 19.05.2011 made by the petitioner to furnish the answer scripts and OMR sheets of the written examination as illegal and arbitrary. The brief facts that are necessary for disposal of the writ petition are as follows: It is the case of the petitioner that in pursuance of the notification issued by the first respondent calling applications from the qualified candidates for the post of Trainee Sub Engineer, he applied for the said post. Respondent No.2 directed the petitioner to appear for the written examination held on 27.02.2011, which is for 100 marks and restricted to 50 marks. The petitioner was confident that he would score minimum of 45 marks in the said examination, but the total marks secured by him in the written examination are shown to be only 35.5. Therefore, immediately on 19.05.2011 he made an application under the Right to Information Act, 2005 requesting the respondents to furnish the OMR sheets and the answer scripts of five candidates who got higher marks than him. He submits that without furnishing the documents requested by him, the respondents are trying to give appointment orders to the persons against whom he has grievance. Heard the learned counsel for the petitioner. No allegation is made in the affidavit that the persons who secured less marks than the petitioner were called for the interview for the purpose of filling up of the posts. There is no infringement of legal or statutory right of the petitioner. Having participated in the process of selection, now he cannot turn around and say that the respondents are trying to fill up the vacancies of Trainee Sub Engineers. There is no right to post till selection is finalised. If the vacancies are going to be filled up, the respondents are bound to respect the comparative merit of the candidates as reflected at the recruitment test and no discrimination can be permitted. No where in the affidavit filed in support of the petition it is stated that the acts of Selection Committee are arbitrary or contravenes the administrative instructions or rules. Since selection process has not yet completed, the apprehension of the petitioner that the persons who secured less marks may be appointed to the posts notified by the respondents is totally unsustainable. Therefore, the writ petition is devoid of merits. Accordingly, the writ petition is dismissed at the stage of admission. ____________ K.C. BHANU, J June 13th, 2011 lvl THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15936 OF 2011 Dt. 13.06.2011