IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7899 of 2008 Sujeet Kumar (Army No. 4286388A), S/o-Sri Arun Kumar Chaudhary, Resident of Village-Patori, P.O.- Basan, District-Darbhanga, At present residing at House of Sri Ishwari Prasad, New Tarachak, P.O.-Danapur-Patna. ...........Petitioner. Versus 1. The Union of India through Defence Secretary, New Delhi; 2. The Defence Secretary, New Delhi; 3. The Chief of Army Staff, Army HQ, New Delhi; 4. The G.O.C.-in-C, Central HQ, Lucknow; 5. The Commandant, Bihar Regiment Centre, Danapur; 6. The Training Battalion Commander, BRC, Danapur; 7. Major Ramesh Tiwari, S/o Father’s name not known, Charlie company Commander, BRC, Danapur. ..............Respondents. ----------- 04. 23.01.2009 Heard learned counsel for the petitioner and learned counsel for the Union of India. The original of Annexure-5, the nominal Roll of C/93 Batch PPT Test-2 chance test as on 11th December, 2007 has been produced from the records which shows that this petitioner has failed in 2.4 Kilometers run as well as in 100 Meter sprint and as a result he has failed in final grade. Even the copy in Annexure-5, which prima facie appears to be rough copy prepared earlier, shows petitioner as the fourth candidate who has failed and the summary given in Annexure-5 also shows that four persons had failed. - 2 - In view of the facts, as is clear from the original of Annexure-5, petitioner can not be treated to have succeeded in the test hence no relief can be granted to the petitioner. The Writ Petition is dismissed. If on his performance in the test already taken, as per rules, petitioner can be considered for lower trade then his case may be considered by the authorities as per rules and law. Vikash/- (Shiva Kirti Singh, J.)