IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12532 of 2010 Ranjit Kumar S/O Sri Devendra Singh R/O Vill Bahuara, P.S.Gaurichak, Distt-Patna. ..Petitioner Versus 1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna 2. The Home Commissioner Bihar, Patna 3. The D.G. Home Guards Bihar, Patna 4. The D.M. Patna 5. The S.P. Patna 6. The District Commandant , Home Guards Patna, Distt-Patna 7. The Chairman, Home Guards Selection Committee Patna ..Respondents ---------------------------------- 2 02.12.2011 Heard learned counsel for the petitioner and the State. The petitioner was an applicant for the post of Home Guard under Advertisement No. 01 of 2006. It is not in controversy that he came to be selected but has been denied appointment on the ground that his name figures at serial no.5 of the panel while there were only four vacancies. Counsel for the petitioner submits that it stands well settled in service jurisprudence that if two candidates have obtained similar marks, the one with an earlier date of birth has to be provided appointment. The counter affidavit and the submissions made by the parties take it beyond the pale of controversy that another candidate of the general category like the petitioner with the same marks but a later date of birth has been appointed. Counsel for the parties are agreed that the 2 application may be disposed of in similar terms of C.W.J.C. No. 14735 of 2009. The application is disposed off with similar directions to be complied within the period of three weeks from the date of receipt/ production of a copy of this order. The application stands disposed. Md. Ibrarul ( Navin Sinha, J.)