IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1093 of 2009 Jaynandan Kumar . Versus The State Of Bihar & Ors . ----------- 2. 28.06.2011 Heard learned Counsel for the petitioner. None for the State. Counsel for the petitioner submits that he has been served with a copy of the counter affidavit on 19.7.2010. Let the copy of the counter affidavit placed by the petitioner be retained on record and a Xerox copy of the same be given to him. The petitioner is stated to have been applicant under Advertisement no. 1 of 2004 for the post of Constable. The counter affidavit states that due to the fault of the Data Entry Operator, Beltron, the petitioner who was an applicant from the „backward caste‟ was wrongly entered as an “other backward class”. At the time of interview he was found to be a „backward caste‟ candidate and was considered accordingly. He had secured 13 marks and the person last appointed from the „backward caste‟ category had also secured 13 marks but was senior to the petitioner in age and thus appointed. To that extent the petitioner does not have a case to seek any relief from the Court. It is however submitted from Annexure „C‟ to the counter affidavit a letter dated 27.7.2008 bearing no. 2763 issued from the office of Superintendent of Police, East Champaran, Motihari addressed to the Director General, Headquarters & Administration. Bihar at Patna that one post of backward class category still remains vacant. The submission therefore is that if a vacancy was available, and a candidate was also available in the form of the petitioner, with no other candidate in the same category having better marks than him he had a right to be considered in accordance with law. Had the counter affidavit been more specific and disclosed the stand of the respondents with regard to the singular vacancy of the backward class category, perhaps the litigation could have been brought to finality today. Only for the reason of an inadequate counter affidavit the issues are bound to linger at the behest of the State. Let the petitioner represent before the Director General of Police who shall examine his grievance in the aforesaid light and dispose of the matter within a maximum period of four months from the date of receipt and/or production of a copy of this order before him. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)