Vikash Sah v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.678 of 2019 In Civil Writ Jurisdiction Case No.12576 of 2014 ====================================================== Vikash Sah S/o Sri Brijnandan Sah Resident of Village P.O.- Jurawanpur Karari, P.S.- Jurawanpur, District- Vaishali. ... ... Appellant/s

Versus

1.

The Union of India through its Ministry of Home Affairs 2.

The Chiarman S.S.B., Selection Board, Falkata (W.B) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Madan Jeet Kumar, Advocate For the UOI :

Mr. Praveen Kumar Sinha, Advocate Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 04-08-2022 Heard learned counsels for the parties.

Learned counsel for the appellant seeks permission to withdraw the present appeal.

Learned counsel for the appellant submitted that certain issue raised before learned Single Judge relating to filling up of number of O.B.C. candidates have not been apprised. It is submitted that number of vacancies notified is 632 whereas only 425 candidates have been qualified for medical. Further it is submitted that all the notified vacancies under O.B.C. category has not been filled up, in such an event cut-off marks under OBC i.e. 41 could not have been

Patna High Court L.P.A No.678 of 2019(3) dt.04-08-2022 2/2 determined by the selecting and the appointing authority. Therefore, appellant is permitted to file review petition before the learned Single Judge if there is any error in not considering the pleadings of the petition.

Accordingly, appeal stands dismissed as withdrawn. (P. B. Bajanthri, J) ( Rajiv Roy, J) GAURAV S./- U