Heard learned Counsel for the petitioner, respondent State as well as the Counsel appearing for the private respondent.

2. The petitioner claims that in the process of regularisation, whereby fifty employees were regularised in the Public Health Engineering Department taking into consideration their past services as daily wages employees and seniority based on date of birth, he was ignored and his junior namely, respondent No. 10, was regularised.

3. Referring to various documents he submits that the issue regarding inter se seniority of the petitioner with respect to respondent No. 10 on the basis of date of birth was resolved finally on 12.2.2007 when Bihar School Examination Board confirmed the petitioner’s date of birth to be 19.1.1961. In view of the said date of birth being confirmed by the Bihar school Examination Board, entry was made in the petitioner’s Service Book correcting his date of birth from 2.5.1971 to 19.1.1961. He thus became senior to respondent No. 10 whose date of birth is 1.3.1962.

4. The petitioner’s Counsel submits that in view of such rectification he was rightly regularised and respondent No. 10 was rightly removed to accommodate the petitioner. T