IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3267 of 2006 NARESH PRASAD YADAV Versus THE UNION OF INDIA & ORS ----------- 3 31.7.2008 Heard learned counsel for the parties. Petitioner was one of the applicants to be appointed on the post of a cook for which vacancy has announced and published in the daily news paper in the year, 2005. Since the petitioner was not been finally selected he has come before this Court claiming that even though he has superior experience and qualification less deserving persons have been selected on the post. The above assertion of the petitioner has been denied in the counter affidavit filed on behalf of the respondents. They have categorically stated that the petitioner along with others had appeared in the trade test held by the respondents in between 23.11.2005 to 27.11.2005. Petitioner only managed to get 15 marks in the trade test. The minimum qualifying mark was 22 out of 40. Since the petitioner did not make it to the minimum qualifying marks there was no occasion to call him for final medical examination or for appointment. It is categorical statement made in the counter affidavit that no candidate with any lesser experience or marks in the trade test has been appointed. In view of the above assertion the apprehension expressed by the petitioner in his writ are mere self assessment not corroborated by record. The petitioner has no case. This writ application is accordingly dismissed. RPS (Ajay Kumar Tripathi, J.)