Sanjay Kumar Srivastava v. Vice Chancellor, Bihar Agriculture University Sabour And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19136 of 2015 ====================================================== Sanjay Kumar Srivastava S/o Late Bharat Prasad Srivastava, At P.O. Ranjanpura, P.S. Hasanpur, District - Siwan ... ... Petitioner/s

Versus

1.

Vice Chancellor, Bihar Agriculture University Sabour, Bhagalpur 2.

Comptroller, Bihar Agriculture University, Sabour, Bhagalpur 3.

Dy. Comptroller, Bihar Agriculture University, Sabour, Bhagalpur 4.

Officer in Charge, Recruitment, Bihar Agriculture University, Sabour, Bhagalpur 5.

Director Administration, Bihar Agriculture University, Sabour, Bhagalpur 6.

Dy. Director Administration, Bihar Agriculture University, Sabour, Bhagalpur 7.

The State of Bihar through Principal Secretary, Agriculture Department, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani, Advocate :

Mr. Satish Kumar, Advocate For the Respondent/s :

Mr. Sanjeet Kumar, AC to AAG 6 For University :

Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-07-2024 1.

Heard learned counsel for the parties concerned. 2.

The grievance of the petitioner is that petitioner was working as Clerk in Rajendra Agriculture University, Pusa and after creation of the Bihar Agriculture University, Sabour on 12.05.2004, he is working as Head Clerk at Bihar Agriculture University. In the year 2011, the Bihar Agriculture University initiated process of promotion by selection on the post of Section Officer and issued advertisement in this regard. In pursuance to the same, petitioner applied but he was not called

Patna High Court CWJC No.19136 of 2015(5) dt.02-07-2024 2/3 for the interview.

3.

Learned counsel for the petitioner submits that in the year 2013, 2014 and 2015 also, the process of promotion by selection on the post of Section Officer was initiated but petitioner was not called for interview or the written test. Now, the respondent- University has again published an advertisement for promotion by selection on the post of Section Officer in the year 2024, in which, the petitioner is proposing to apply. 4.

On the other hand, learned counsel for the Bihar Agriculture University submits that petitioner was initially appointed on Class-IV post, which has been contradicted by the petitioner, in his rejoinder affidavit. In the written test conducted by the University in the year 2011, the petitioner did not qualify and therefore, was not called for the interview. The advertisement published in the year 2013, 2014 and 2015 were cancelled and no promotion/ appointment was made on the post of Section Officer. Learned counsel further submits that if the petitioner so desires, he may apply for promotion/ appointment on the post of Section Officer, in terms of the advertisement, issued in the year 2024.

5.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner did not

Patna High Court CWJC No.19136 of 2015(5) dt.02-07-2024 3/3 qualify in the written test, held for promotion as Section Officer in the year, 2011 and the advertisements published in the year 2013, 2014 and 2015 were cancelled, no direction can be issued to the respondents for consideration of the case of the petitioner for appointment/ promotion as Section Officer. Accordingly, the present writ application stands dismissed. However, if the petitioner so advised and if he fulfills all the terms and conditions, he may apply for promotion/ appointment as Section Officer in terms of the advertisement, published in the year 2024.

(Anil Kumar Sinha, J) rinkee/- U