IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4398 of 2009 Sudhanshu Shekhar . Versus The State Of Bihar & Ors . ----------- For the Petitioner:- Mr. Kaushalesh Choudhary, Adv. Mr. Kulanand Jha, Adv. For the State:- Mr. Lakmesh Marvind, Adv. ------------------ 3. 22.07.2011 Heard learned counsel for the petitioner and the State. The petitioner was an applicant for the post of Police Constable under Advertisement No. 1 of 2004. He obtained 15 marks. It is not in controversy that under the Rules regulating the appointment if there was more than one person securing the same marks the consideration had to be done firstly on basis of the height, secondly education qualification and thirdly on the date of birth. The over riding criteria amongst all three would be the person having maximum age. Learned counsel for the petitioner has not been able to demonstrate to the Court any violation of that criteria. But he submits that a Division Bench in L.P.A. No. 831 of 2009 and analogous cases has given directions for fresh ascertainment of vacancies and then to prepare a fresh merit list. Since the directions given by the Division 2 Bench are themselves at a nebulous stage unless and until the exercise is carried out by the respondents first and on which the claim of the petitioner shall remain dependent, if so advised he may represent before them for appropriate consideration. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)