Dr. Himanshu Shekhar Jha v. Bhupendra Narayan Mandal University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3939 of 2016 ====================================================== Dr. Himanshu Shekhar Jha Son of late Bishnu Deo Jha Resident of Shri Vishar Colony Power House , Road Binodpur Katihar PS Katihar District Katihar. ... ... Petitioner/s

Versus

1. Bhupendra Narayan Mandal University ,Laloo Nagar, Madhepura through its Registrar.

2. The Vice Chancellor, Bhupendra Narayan mandal University, Laloo Nagar, Madhepura.

3. The Registrar ,Bhupendra Narayan Mandal University Laloo Nagar Madhepura.

4. The State of Bihar through the Chief Secretary, Government of Bihar,Patna.

5. The Principal Secretary, Department of Human Resources Development , Bihar,Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra For the Respondent/s :

Mr. Ga7-S.P.Singh For the University :

Mr. Shashi Bhushan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as University. Petitioner has filed the present writ application for a direction to the respondents to consider the case of the petitioner for grant of promotion under the scheme of merit promotion from lecturer to reader.

On behalf of the University a counter affidavit has been filed wherein the following stand has been taken by the University in para-6 and 13 which is quoted for ready reference:- 6."That as per statement of the

Patna High Court CWJC No.3939 of 2016(3) dt.07-05-2018 2/3 writ petition, the matter related to the promotion of the petitioner to the post of Reader under the merit promotion scheme which has to be examine and decide by the university in accordance with law.

13.That Respondent- University has to look into the matter and he has to grant promotion to the post of Reader under the scheme of Merit Promotion in accordance with law."

Considering that the University has submitted in para-13 that the University has to look into the matter and he has to grant promotion to the post of Reader under the merit promotion, the writ petition is disposed of with direction to the University to take final steps for consideration and grant of promotion to the petitioner, if the petitioner is found otherwise eligible for grant of promotion under the merit promotion scheme.

The entire exercise in this regard may be taken by the University within a period of four months from the date of receipt/production of a copy of this order.

It goes without saying that if the respondents grant promotion to the petitioner as Reader under the scheme merit promotion the consequential benefit admissible for grant of promotion must be granted to the petitioner within a further period of two months.

Patna High Court CWJC No.3939 of 2016(3) dt.07-05-2018 3/3 With the aforesaid, the writ petition stands disposed of.

Ravi/- (Anil Kumar Upadhyay, J) U