IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2603 of 2008 Anjana Kumari, daughter of Ram Chandra Sah, resident of Dak Bunglow Road, Borio, PS Borio, District Sahibganj, Jharkhand – Petitioner. Vs. 1) The State of Bihar, 2) Bihar Public Service Commissioner through its Chairman, Bailey Road, Patna. 3) Dy. Secretary cum Examination Controller, Bihar Public Service Commission, Patna. 4) Public Information Officer, Bihar Public Service Commission, Bailey Road, Patna – Respondents. 3 8.4.2011 The petitioner is aggrieved by the fact that she was amongst the thirteen persons who secured 256 marks in the selection held against Advertisement No. 34/2005 issued by the Bihar Public Service Commission for the post of Child Development Project Officer. The matter was examined by the Bihar Public Service Commission on the basis of the law laid down by the Supreme court in the case of Bihar Public Service Commission vs. Pandey Venkatesh Prasad Sinha & Another (Annexure ‘B’ to the counter affidavit). The principle that has been laid down is that there are more than one candidate securing same marks, in that event the person who has got higher marks in the written examination would be considered and given preference against those who have secured equal marks. It has specifically been stated in the counter affidavit that the petitioner lost her chance because the candidate who had secured higher marks in the written examination was given preference over him. Considering the aforesaid facts and the law laid down 2 in the judgment of the Supreme court, this court finds no merit in this writ petition. This writ petition is, thus, dismissed. haque ( Sheema Ali Khan, J.)