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2017 DIGILAW 38 (JHR)

Kasturi Boipai v. State Of Jharkhand

2017-01-05

ANANDA SEN

body2017
JUDGMENT Ananda Sen, J. Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioner and Mr. Anil Kumar, senior advocate assisted by Mr. Ashutosh Kumar for respondent no. 3 and Dr, Ashok Kumar Singh appearing on behalf of the University and Mr. Sanjay Piparwal appearing on behalf of the JPSC. 2. The petitioner is working as a Reader in Political Science under Kolhan University, Chaibasa. The petitioner claims that she is entitled to be promoted to the post of University Professor under the Time Bound Promotion Scheme. He submits that he is not claiming her promotion as a matter of right, but at least her case may be considered for promotion under the Time Bound Promotion Scheme. He further submits that no action has yet been taken by the respondents till date to consider her case for promotion. Counsel for the petitioner further submits that he limits his prayer only on the point of consideration of her case at this stage. 3. No one can claim promotion as a mater of right, but he has a right to be considered. The petitioner is praying for consideration only. It is up to the University to come to a conclusions, whether the petitioner is eligible and is entitled to be promoted or not. 4. In view of the nature of order I intend to pass, it is not necessary to call for counter-affidavit from the respondents. 5. Thus, I direct the petitioner to file a representation before the Vice Chancellor, Kolhan University (respondent No. 5) within a period of six weeks from today. On receipt of the said representation the Vice Chancellor will come to the conclusion, whether any action is to be taken on the said representation or not for promoting the petitioner. If he comes to the conclusion that a positive action needs to be taken on the representation of the petitioner, he should act accordingly as per the statute. In that circumstances he should take all consequential action/steps, including forming a Screening Committee, referring the matter to the Committee & JPSC etc. If the case of the petitioner is not found fit to be considered for promotion under the Time Bound Promotion Scheme, he should pass a reasoned order and communicate the same to the petitioner within two weeks thereafter. If the case of the petitioner is not found fit to be considered for promotion under the Time Bound Promotion Scheme, he should pass a reasoned order and communicate the same to the petitioner within two weeks thereafter. The petitioner is at liberty to file all the documents along with her representation, which will also be considered while disposing of the representation of the petitioner. 6. With the aforesaid observations and direction, this writ application is disposed of.