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Patna High Court · body

2003 DIGILAW 843 (PAT)

Syed Md. Mohiuddin Subhani v. B. R. A. Bihar University

2003-08-13

NARAYAN ROY

body2003
Judgment 1. This writ application is being confined to prayer (iii) of paragraph 2 of this application and in this regard an order has already been passed on 14.8.2002. 2. Learned counsel appearing on behalf of the petitioner submitted that since respondent no. 6 was appointed as a lecturer much after the petitioner, he could not have been promoted to the rank of University Professor before the case of the petitioner was considered. Alternatively, it is stated that the petitioner ranks senior to respondent no. 6, and, therefore, the date of promotion to the rank of University Pro- fessor is required to be considered, so far the petitioner is concerned. It is further submitted that the petitioner in this regard had made an application before the University duly forwarded by the Principal of the College, as contained in Annexure 15, but till date the University has not considered the matter for sending the same to the University Service Commission for shifting the date of promotion of the petitioner vis-a-vis respondent no.6. 3. Mr. Jayanadan Singh learned counsel appearing on behalf of B.R.A. Bihar University, Muzaffarpur on instruction now submits that the alleged application, as referred to in Annexure 15, is not available in the office of the respondent University and in case, a fresh application is filed by the petitioner in this regard, necessary decision will be taken in the matter. 4. Considering the facts and circumstances of the case, the petitioner, if so advised, may make an application before the respondent University for shifting the date of his promotion to the rank of University Professor and in case, it is so done within a period of six weeks from today, the respondent University will act upon the same and will decide as to whether the matter should be referred to the University Service Commission and in case, the matter is referred to the University Service Commission, the Commission will take decision in accordance with law. This exercise, however, must be completed within a period of four weeks by the respondent University from the date of filing of the representation by the petitioner. 5. With the direction/observation aforesaid, this application is disposed of.