IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11079 of 2005 RAMA NAND SAGAR, s/o Late Agam Lal, resident of village- Navtal, P. O. Dhanauja via Phulparas, P. S. Phulparas, District- Madhubani. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Bihar Public Service Commission (B.P.S.C.) through the Chairman, Bihar Public Service Commission 15, Jawahar Lal Nehru Marg ( Bely Road), Patna-1. 3. The Board of Officers through its Chairman at Head Quarters, NCC, Directorate, Rajendra Path Patna-80001. 4. The Director Head Quarters, NCC, Directorate, Rajendra Path, Patna-800019. … Respondents ----------- 2. 18.01.2010 No one appears for the petitioner. Counsel for the Bihar Public Service Commission and the State are present. A prayer has been made in this writ application to the following effect:- (I) A writ in the nature of “Mandamus” commanding the respondent no. 2 to respondent no. 4, specially, to the respos. No. 3 (the Board of officers at Head Quarters, NCC Directorate Rajendra Path, Patna-800019) and the respons. No. 4 (the Director at Head Quarter NCC, Directorate Rajendra Path, Patna-800019), directing them to make appointment on the post of “Clerk” to the petitioner for which he had applied for, qualified in written test, physical Test, Oral Test, Interview etc. and he was finally selected by the respos. No. 3 for appointment on the above mentioned post (Clerk) but unfortunately, his selection for appointment on the aforesaid post (Clerk) has been cancelled and rejected only on this ground that his photograph on the “Admit Card” differs from his original photograph and this illegal, wrong; 2 ground has been adopted and taken specially by the respos. No. 3” with Mala fide Intention” to harass, humiliate and torture the poor petitioner for his “no fault and mistake.” (II) Any other writs/ writs, direction/ directions order/orders which may deem fit and proper in the eye of law, may be issued/ direct passed against the respondents no. 2 to 4 specially against the respondent no. 3 and 4 in the “Interest of Fair and Natural Justice, as well as under the facts and circumstances of the present case.” From the reading of the writ application it appears that it was a case of impersonation in the appointment sought by the petitioner. The NCC, Directorate, the authority who had recommended the case of the petitioner had itself by its communication dated 14th July 2000 (Annexure- A to the counter affidavit) informed the Secretary, Art, Culture and Youth Affairs, Government of Bihar, Patna that during physical verification of the document by the Board of Officers it was revealed that photographs of the petitioner, bearing Roll No. 112344 pasted on his application did not tally with the individual. It has also been stated that a query was made from the petitioner wherein 3 he had revealed that photographs in question was not his own rather it was of a person who had appeared on his behalf in typing test examination conducted by the Bihar Public Service Commission. On the aforementioned ground, the authority of NCC, Directorate had found the petitioner unfit for consideration for his appointment. There is no rejoinder to the counter affidavit filed and as such it would be presumed that the petitioner has nothing to say as with regard to the aforementioned communication of the NCC, Directorate dated 14th July 2000 (Annexure- A to the counter affidavit). That being so, this Court would find hardly any occasion to interfere in the matter. Accordingly, this writ application is dismissed. kanchan (Mihir Kumar Jha, J.)