IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4490 of 2010 1. RAJENDRA PRASAD S/O LATE BALIRAM PRASAD R/O VILL.- RAMPUR MATHIYA, P.O.- SARAIYA, P.S.- ARRAH MUFFASIL, DISTT.- BHOJPUR (ARRAH) Versus 1. THE STATE OF BIHAR THROUGH ITS THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE D.G.P. OF BIHAR POLICE, H.Q., PATNA 3. THE D.I.G. CENTRAL RANGE, BIHAR, PATNA 4. THE SR. S.P., PATNA ----------- 02. 26.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks the relief to be considered for appointment on the post of Constable under Advertisement No. 01 of 1998 on the plea that persons with lesser height than him have been appointed. Earlier he had come to this Court in C.W.J.C. No. 4199 of 2003. This Court noticed that his height was found to be 172.2 c.m. and that no person lesser than him in height had been appointed. The writ petition was dismissed. However, the Court left it open for the petitioner to represent, if he so desired. The petitioner is stated to have represented on 30.4.2004 and is aggrieved by non-consideration of the same. Insofar as the sustainability of his claim to be considered for appointment and to found a legal cause of action in a Court of law is concerned, the 2 matter stand concluded by the order of this Court in C.W.J.C. No. 4199 of 2003. The petitioner does not contend any challenge to the same before a superior court. The present writ application is therefore completely barred by the principles of res judicata. The concluding lines of that order of the Court enabling the petitioner to represent does not vest a fresh cause of action in him so as to maintain this fresh writ application, if the representation was not being disposed. Even, according to the order of the Court, no mandamus was issued by the Court to consider his representation. At best it may be described only as a pious observation with no legal effect. The writ application is dismissed. P.K. (Navin Sinha, J.)