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No Relief Can Be Granted When There Is No Intervention Of Law Needed: Patna High Court

Title: Bhanu Kumar v The Union of India through the Secretary Ministry of Home, Government of India.

Citation: CWJC No.11574 of 2021

Coram: Honourable Mr. Justice Mohit Kumar Shah

Decided On: 03-11-2023

Introduction:

The present writ petition has been filed seeking the following relief:-

  • That this is an application for issuance of a writ of mandamus commanding the respondents to appoint the petitioner as constable (G.D.) in Central Para Military forces from due date and award cost of these proceedings.

Facts:

The learned counsel for the Staff Selection Commission, New Delhi has submitted by referring to paragraph no.6 of the counter affidavit, filed in the present case that the name of the petitioner could not find place in the list of finally recommended candidates on account of him having obtained less marks, i.e. 78.58 marks, than the marks obtained by the last selected candidates i.e. 80.29 marks (cut off marks) in the Unreserved (UR) category, a fact which has not been disputed by the learned counsel appearing for the petitioner.

Court’s Analysis and Judgement:

Since the fact is undisputed that the petitioner could not find place in the list of finally recommended candidates on account of him having obtained less marks, than the marks obtained by the last selected candidates. And since the petitioner has obtained less marks than the cut off marks, no relief can be granted to him. Hence the writ petition was dismissed.

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Written by- Sushant Kumar SharmaClick here to view judgement

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