IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3644 of 2010 1. BINOD KUMAR MANDAL S/O RADHA MOHAN MANDAL R/O VILL.- RADHIKA, P.O.- DHARHAN, P.S.- PRANPUR, DISTT.- KATIHAR Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER RURAL DEVELOPMENT DEPTT., PATNA 2. THE DISTRICT MAGISTRATE, PATNA 3. THE DISTRICT PANCHAYATI RAJ OFFICER, KATIHAR 4. THE SUB-DIVISIONAL OFFICER, KATIHAR 5. THE BLOCK DEVELOPMENT OFFICER, HASANGANJ, DISTT.- KATIHAR 6. THE SARPANCH KALSAR GRAM PANCHAYAT HASANGANJ, KATIHAR 7. PRAMOD KUMAR MANDAL S/O LATE GHETESHWAR MANDAL R/O VILL.- BAHMARA, P.S.- MANIHARI, P.O.- NAWABGANJ, DISTT.- KATIHAR ----------- 2. 16.9.2010 Heard learned counsel for the petitioner and the State. The petitioner questions the order of appointment of respondent no. 7 on the ground that they both had the same marks. The merit list is at Annexure-4. Both of them had 53.11 marks. Respondent no. 7 has then been appointed on basis of his date of birth 3.11.1966 when the date of birth of petitioner is 15.2.1969. In the event of a tie for appointment on one post, what the respondents have done is a well accepted principle of service jurisprudence. There is no infirmity in the order. The application is dismissed. P. Kumar ( Navin Sinha, J.)