Chakradhari Sharan Singh, J.

This appeal, under Clause X of the Letters Patent of this Court, arises out of judgment and order, dated 09.02.2016, passed by a learned single Judge of this Court, in CWJC No. 17624 of 2015, whereby the writ application, filed by the present appellants, under Article 226 of the Constitution of India, has been dismissed.

2. The appellants had sought for a direction in the said writ proceeding to the respondents to declare them successful for their appointment on the post of Deputy General Manager (Technical), in Bihar State Building Construction Corporation Limited (in short, ‘BSBCCL’), on the basis of a process of selection held pursuant to an advertisement published on 04.05.2015.

3. Short point, which the present appeal involves in the present appeal, is, if in the aprocess selection to a post in a Public Sector Undertaking, no minimum qualifying marks for interview is prescribed in the Advertisement nor declaration prescribing minimum qualifying marks for interview is made prior to the date of interview, would it be permissible for the selection body or the appointing authority to declare an aspirant, for a post, unsuccessful, on the basis of