WA 239/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR HON’BLE MR.JUSTICE T. NANDAKUMAR SINGH The appellant is aggrieved by an order dated 23.1.2009 passed by a learned Singl e Judge in WP(C) No.3955/2008. The appellant sat for a written examination on 28.4.2008 for the post of Lower D ivision Assistant/Junior Assistant in the office of the Member, Foreigners’ Trib unal, Dhubri. According to the appellant, he did extremely well in the examination but in spit e of that he was not selected. Therefore, he preferred a writ petition for quash ing the select list and to declare him as having been selected in the written te st. The respondents filed a counter affidavit in which it was stated that the appell ant was caught red-handed for adopting unfair means. Accordingly, he was expelle d from the examination hall by the Invigilator, who was a Supervising Magistrate . As such, there was no question of the appellant having been done extremely wel l in the examination and there is no question of the select list being quashed. Learned counsel for the appellant submitted before us that in fact his client ha d asked the Invigilator for certain clarifications and he did not use any unfair means. These facts have not been stated anywhere in the writ petition. The learned Sing le Judge has noted that the appellant has not given the full facts of the case, namely, about his expulsion from the examination hall for adopting unfair means. On the contrary, the appellant all along claimed that he had done extremely wel l in the examination. In view of the suppression of facts, we are of the opinion that the learned Sing le Judge rightly dismissed the writ petition on merits. We are also not satisfied with the explanation given by learned counsel for the appellant. There is nothing to show that the submissions made by learned counsel for the appellant are borne out from the records. The appellant was caught usin g unfair means and was rightly expelled from the examination hall. There is no merit in this writ appeal. It is accordingly dismissed. Trial Court’s records be sent back immediately.