IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14686 of 2009 1. SAWAROO CHAUDHARY S/O LATE BHAGESHWAR CHAUDHARY @ BHAV SAGAR CHAUDHARY R/O 218, PATLIPUTRA COLONY, P.S.- PATLIPUTRA, DISTT.- PATNA 2. SURESH RAM S/O RAGHUVAR RAM R/O MAHESHPUR BARI AKHARA, P.S. - MEHDIGANJ, DISTT. – PATNA ………………petitioners Versus 1. UNION OF INDIA THROUGH DIRECTOR OF GENSUS OPERATION BIHAR, BOARDING CANAL ROAD, PATNA 2. DEPUTY DIRECTOR CENSUS OPERATION, BOARING CANAL ROAD, BIHAR, PATNA 3. ASSISTANT DIRECTOR CENSUS OPERATION, BOARING CANAL ROAD, BIHAR, PATNA 4. SRI SHIV BALAK PRASAD S/O NOT KNOWN TO THE APPLICANTS AT PRESENT POSTED AS ASSISTANT COMPILOR IN THE OFFICE OF DIRECTOR OF CENSUS OPERATION, BOARING CANAL ROAD, PATNA 5. RAM DEO RAI S/O HARI PD. Yadav..................... OFFICE OF THE DIRECTOR CENSUS OPERATION, BIHAR STATE COOPERATIVE BANK BUILDING, ASHOK RAJ PATH, P.S.- PIRBAHOR, DISTT.- PATNA 6. RAMESH CHANDRA DAS S/O RAM LAKHAN DAS, both posted as Loader in the OFFICE OF THE DIRECTOR CENSUS OPERATION, BIHAR STATE COOPERATIVE BANK BUILDING, ASHOK RAJ PATH, P.S.- PIRBAHOR, DISTT.- PATNA ……..respondents ----------- 2 07-11-2009 Heard learned counsel for the petitioners and learned counsel for the Union of India. The reasons given for selecting the person who obtained highest marks out of seven persons including the petitioners is a sufficient answer to the plea of discrimination raised on behalf of the petitioners in the matter of promotion. A perusal of the reasoned order dated 28-1-2003 (annexure-5) clearly shows that on 9-11-1993 seven persons participated in a test held for finding out the merits of the candidates in operating calculating machine for appointment to the post of Assistant Compiler. The petitioners having participated in the test and having secured lesser marks cannot be heard to see that they have been discriminated because a junior person obtained 2 more marks and selected for appointment to the group- C post. We find no merit in this writ petition. It is, therefore, dismissed. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)