Judgment 1. This Letters Patent Appeal has been filed against the order dated 2 September, 2002 on C.W.J.C. No. 9263 of 2001 : Laxmi Kumar Choure V/s. State of Bihar & Ors. 2. The petitioner alleges discrimination in the matter of recruitment on the ground that persons in his category less than his height have been recruited. In so far as the petitioner is concerned, the petitioner has made no foundation on facts to allege or sustain discrimination. In the absence of any facts discrimination is an issue which cannot be examined. 3. Further,. of the two candidates who even did belong to the Scheduled Tribe category, fortunately or unfortunately have been turned out to be more in height than the petitioner. 4. In the circumstances, this Court in appeal can hardly certify that the learned Judge has committed any error in not issuing a writ on the writ petition. 5. This appeal is misconceived and is accordingly dismissed.