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2018 DIGILAW 1081 (PAT)

Kanhaiya Jee Jha v. State of Bihar

2018-07-13

ANIL KUMAR UPADHYAY

body2018
JUDGMENT : Anil Kumar Upadhyay, J. Heard Mr. Yugal Kishore, learned senior counsel appearing on behalf of the petitioners and Mr. Ajay Behari Sinha, learned counsel appearing on behalf of the University. 2. In view of the judgment of this Court in the case of Dr. Sunil Kumar Yadav v. The State of Bihar & Ors., 2018 (3) PLJR 354 , the Court is not inclined to interfere in the matter as this Court has answered the issue raised in the present case in the said judgment and as such there is no point to take a different view. 3. So far as the argument on the basis of the judgment reported in State of Tripura and others v. K.K. Roy reported in 2004(9) SCC 65 is concerned, the said argument is also not sustainable in view of the fact that the right to consideration for promotion is not snatched away, they have avenue of promotion available as there is provisions under the Career Advancement Scheme and the Merit Promotion Scheme for the purpose of consideration of eligible candidate for promotion. The Court does not find merit in the contention of the petitioners that the petitioners have no avenue of promotion. 4. In view of the fact that avenues promotions are available under the Merit Promotion Scheme as well as Career Advancement Scheme and in addition thereto, there is provision for direct recruitment on the post of Professor, the Court does not find any merit in the writ petition. It is, accordingly, dismissed.