IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8847 OF 2007 MD.EQUBAL HUSSAIN @ MD.IQBAL HUSSAIN, S/O MD. AMIRUDDIN, R/O VILLAGE MANIHARI, P.S MANIHARI, DISTRICT KATIHAR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, KATIHAR. 3.THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR. 4.THE BLOCK EDUCATION EXTENSION OFFICER,MANIHARI, DISTRICT KATIHAR. 5.THE BLOCK DEVELOPMENT OFFICER, MANIHARI, DISTRICT KATIHAR.. 6.BIBI FIROZA BEGUM, DAUGHTER OF MD. IMRAN, R/O VILLAGE KATHOLIA P.S MANIHARI, DISTRICT KATIHAR. ………………………RESPONDENTS. ----------- 03/ 29.09.2011 Heard counsel for the parties. All said and done when the petitioner as with regard to alleged illegality in the selection and appointment of the Respondent no. 6 on the post of Prakhand Shikshak is not in a position to deny that respondent no. 6 had obtained much higher marks than him inasmuch as the petitioner has secured 821 marks whereas respondent no. 6 has secured 909 marks, the rest of the submission of the petitioner as with regard to preferential selection and appointment of respondent no. 6 on the post of Prakhand Shikshak has to be only noted for its being rejected. The respondent 2 no.6, was admittedly better to the petitioner on merit and thus the petitioner cannot successfully assail the same either before this Court or before the District Teachers Appellate Authority. That being so, this application is wholly misconceived and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)