IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.306 of 2011 Santosh Kumar & Anr Versus The State Of Bihar & Ors ----------- 3. 5.7.2011 Heard learned counsel for the appellant and learned counsel for the State. The order under appeal dated 8.11.2010 passed in C.W.J.C. No. 3953 of 2010 shows that the application was dismissed as withdrawn. Learned counsel for the appellant submits that the prayer was made on behalf of the petitioner for leave to withdraw the writ petition to pursue remedies before the authorities themselves, if so advised and, therefore, in the last part of the order the writ Court should not have observed that the issues already decided will be governed by the principle of res judicata or constructive res judicata. According to him if the authority passes any order against the writ petitioner in future on the same issues, petitioner cannot be deprived of his right to approach this Court again. Submission is not acceptable. The observation made by the writ Court is fully justified by the facts appearing from the order under appeal. Petitioner is claiming appointment pursuant to an advertisement bearing no. 01/2004 on the post of constable in the District of Bhojpur. On merits, the Court came to a conclusion that in the concerned category nobody having lesser marks was appointed and the reason for selecting other persons having same marks was also 2 found justified as the others were older in age. It is also clear that subsequent advertisements have also been made for recruitment to the post of constable, such as in the year 2009. In the circumstances, the observation appears to be justified to avoid repeated writ petitions and is in accord with judgments of the Supreme Court in the case of C. Jacob Vrs Director of Geology and Mining, (2008) 10 SCC 115 and Union of India Vs. M.K.Sarkar, (2010) 2 SCC 59. We have been informed that some observations have been made in some Letters Patent Appeals relating to advertisement No. 01/2004. We are not persuaded to take another view. So far the present case is concerned, the matter stands concluded by the facts noticed by the writ Court. The appeal is dismissed as one without merit. Mkc/ (Shiva Kirti Singh, J.) ( Shivaji Pandey,J.)