JUDGMENT Pramath Patnaik, J. – In the accompanied writ application, the petitioner has inter alia prayed for direction upon the respondents to appoint the petitioner on the post of driver constable in view of order passed by Hon''ble Superme Court in Civil Appeal No. 6909 of 2005. 2. Heard Mr. Pankar Kumar Mishra, learned counsel for the petitioner and Mr. Sharad Kaushal, J.C to learned A.A.G for the respondents. 3. Referring to paragraph 7 of the counter affidavit, learned counsel for the respondents submitted that the last matriculate candidate appointed to the post of driver constable from General unreserved quota, to which petitioner belongs, had secured 43 marks whereas the petitioner had secured only 40 marks. Therefore, the petitioner was not selected. 4. In view of specific submission advanced by learned counsel respondents, which was not denied by the petitioner, prayer sought for by the petitioner, cannot be acceded to. 5. Hence, the writ petition is dismissed, being devoid of any merit.