JUDGMENT Sujit Narayan Prasad, J. - This writ petition has been filed for issuance of a direction commanding upon the respondent authority to appoint the petitioner as Trained Graduate Teacher under the Scheduled Caste Category, on the ground that he has secured qualifying marks and his date of birth is 02.01.1976. 2. The case, in brief, is that the petitioner being eligible to be selected as Teacher, has made application for consideration of his candidature under Scheduled Caste Category in pursuance of an advertisement, issued by Jharkhand Academic Council, Ranchi. It is the case of the petitioner that a selection-cum-merit list was published Vide Annexure-2 but subsequently, it has been revised on account of some mistake occurred in the aforesaid merit list and thereafter a fresh merit list was published vide Annexure 2/1. The grievance of the petitioner is that neither in Annexure-2 nor in Annexure 2/1, his name finds figure, while he is eligible having got qualifying marks. 3. Counter affidavit has been filed by the Jharkhand Academic Council Ranchi, who is the selecting body wherein the stand has been taken that from amongst the candidates who have participated in the selection process, seventeen candidates have been selected and the last candidate who has been selected, has obtained 229 marks whereas the petitioner has secured 143 marks and as such, he has obtained less marks than the last selected candidate. 4. Mrs. Richa Sanchita, learned counsel for the Jharkhand Academic Authority, submitted that since it is the appointment by way of selection and as such on the basis of qualifying mark the selection/engagement cannot be made rather selection/engagement is to be made on the basis of depending vacancy position and since only 17 vacancies were existing, top 17 candidates have been engaged and therefore, there is no illegality in this selection process. 5. Heard learned counsel for the parties and from their rival submission and the materials on record, it appears that selection process has been commenced by the Jharkhand Academic Council for filling up the Trained Graduate Teacher, in terms of public advertisement wherein the petitioner along with others have participated. 6. The vacancies so advertised were 17, against which the applications were called for. 6. The vacancies so advertised were 17, against which the applications were called for. The selection was to be made strictly on the basis of merit position and for that a merit list was prepared in which the last candidates, out of the total 17 candidates, has got 229 marks and as such as per their merit all the seventeen candidates have been appointed but the petitioner''s rank in the aforesaid merit list did not find place, since he has got 143 marks. 7. The stand taken by the Jharkhand Academic Council is justified, Since the selection process is on the basis of merit and as such the selection is to be made strictly on the basis of merit and not on the basis of qualifying marks, as has been contended by learned counsel for the petitioner. 8. Thus, in my considered view, there is no illegality in the selection process and as such, there being no merit, this writ petition is hereby dismissed.