IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4580 of 2010 1. DHARMENDRA KUMAR S/O SRI MAHANGU RAVIDAS R/O C/O SRI MAHANGU RABIDAS, OFFICE OF LEKHA NIDESHAK DAK ( MO.- III SECTION ), G.P.O. COMPOUND, P.S.- KOTWALI, DISTT.- PATNA- 800001 ( BIHAR ) Versus 1. THE UNION OF INDIA THROUGH THE MANAGING DIRECTOR LIFE INSURANCE CORPORATION OF INDIA, NEW DELHI 2. THE REGIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA, REGIONAL OFFICE, EXHIBITION ROAD, PATNA ( BIHAR ) 3. THE SENIOR DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA, JEEVAN PRAKASH, UMA SHANKAR PRASAD MARG, OPPOSITE DEVI MANDIR, P.O.- RAMNA, DISTT.- MUZAFFARPUR ( BIHAR ) 4. THE REGIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, JEEVAN PRAKASH, UMA SHANKAR PRASAD MARG, OPPOSITE DEVI MANDIR, P.O.- RAMNA, DISTT.- MUZAFFARPUR ( BIHAR ) ----------- 4. 06.04.2010. Heard learned counsel for the petitioner, Union of India and the Life Insurance Corporation of India (hereinafter referred to as “L.I.C.”). 2. Petitioner was an applicant for the post of Assistant in the category of the Scheduled Caste. His candidature has been rejected as he could not make the grade as the last candidate who has been selected is said to have secured 78.99 per cent of marks inclusive of interview which is evident from page 17 of the writ petition whereas Petitioner secured 59 marks in Paper-I and 14 out of 20 marks in interview and could not make the grade as according to the counter affidavit he is at merit Serial 169. 3. In view of the aforesaid merit position of the petitioner, I am not inclined to proceed any further with the writ petition which is dismissed, however, with liberty to the petitioner to pursue his remedy against the instruction contained in Letter dated 9.12.2009, Annexure-6 before the appellate authority in accordance with law. P.K.P. (V.N.Sinha,J.)