IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 8868 of 2008. Decided on: 19th September, 2011. Smt. Nisha Devi …Petitioner. Versus State of H.P. & others …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the Petitioner : Mr. R.S. Gautam, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma, DAG. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) Shri Chet Ram, Block Primary Officer, Ani and Shri Shrawan Mahanta, S.D.M., Ani are present before this Court. The simple issue pertains to the question as to whether the petitioner is entitled to additional marks on the claim that the land has been donated by her father to the school. From the available records, it is very clear that the father of the petitioner had donated the land to the school. Therefore, she should have been awarded five more marks on that account. If that be so, she will be entitled to 24 marks. It is seen from the records that the private respondent herein, Smt. Leela Devi, also has scored 24 marks. It is well settled principle in service jurisprudence that in the event of such a tie, the older in age has to be preferred for appointment. 2 2. There will be a direction to 3rd and 4th respondents to look into the records and take appropriate action in the light of the declaration, as above. The action thus taken in the matter shall be communicated to the petitioner within two weeks. The writ petition is disposed of, so also the pending applications, if any. Authenticated copy to the parties. (Justice Kurian Joseph), Chief Justice 19th September, 2011(K) (Justice Sanjay Karol), Judge.