IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7815 of 2010 Sanjay Kumar Sharma, S/o Sri Ram Bachan Sharma, resident of village Kakarahat, P.S. Derni, District Saran……………………………………Petitioner Versus 1. The State Of Bihar 2. Principal Secretary-cum-Commissioner, Employment and Training, Bihar, Patna. 3. Director, Employment and Training, Bihar, Patna……………………………………………………………...Respondents ----------- For the Petitioner: Mr. Devendra Kr. Sinha, Sr. Advocate For the State: Mr. Nasrul Huda Khan, S.C. 18 With Mr. M. Irshad, A.C. to S.C. 18 4 07.04.2011 Heard learned senior counsel for the petitioner as well as learned counsel for the State. In view of the Division Bench judgment of this Court passed in L.P.A. No.896 of 2010, copy whereof is Annexure- F with the supplementary counter affidavit filed by the respondents, this Court does not find any merit in the issues raised by the petitioner in this writ application. Therefore, the writ application is dismissed on merits. However, learned senior counsel for the petitioner submits that after selection process was completed by the respondents, pursuant to the 2 advertisement, as contained in Annexure- 1, many vacancies are still available and the candidates are also available before the respondents. Therefore, they ought to have considered the case of those available candidates for filling up the remaining vacancies. He submits that those vacancies became available to the respondents before the last date of submission of applications notified by the advertisement. Learned counsel for the respondents submits that the Selection Committee had fixed some minimum qualifying marks for the candidates and those, who had acquired the same, have been found eligible to be appointed. Since petitioner had lesser marks than the qualifying marks fixed by it, he has not been selected. Therefore, in view of submissions of the learned counsel for the respondents, this Court does not find it appropriate to issue any positive direction to the respondents. But the matter is within the domain of the 3 respondents to consider whether they can relax the eligibility criteria and can not consider the cases of others, or not. BT (J. N. Singh, J.)