IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18619 of 2008 DHANJAY KUMAR & ORS . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 10/11/2009 Heard learned counsel for the petitioners and learned counsel for the State. In view of the counter affidavit learned counsel for the petitioner found it difficult to press the writ application on merits with regard to petitioners-2 to 5. Insofar as petitioner No.1 is concerned, referring to in paragraph-8 of the counter affidavit learned counsel submits that if their were two candidates with the same date of birth having 15 marks, the respondents may have been justified in appointing the other candidate taller than the petitioner. Nonetheless, if advertised vacancies still remained available, as urged from annexure-6 to the supplementary affidavit, there can be no justification for the respondents to deny consideration to the petitioner. Despite two counter affidavits having been filed prayer is made for an adjournment to file further counter affidavit. This writ application is disposed with direction to the respondents to examine the claim of petitioner No.1 alone in light of the aforesaid discussion 2 and pass a reasoned and speaking order within a maximum period of two months from the date of receipt/production of a copy of this order. Liberty is given to the petitioner to file further representation, if so advised. KC ( Navin Sinha, J.)