IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16967 of 2011 ====================================================== Mohd Murshid Alam, Son of Late Abdul Majeed, Resident of Mohalla- Panchaiti Akhara, P.S.- Kotwali, District- Gaya. .... .... Petitioner. Versus 1. The State of Bihar through its Secretary, Human Resource Development Department, New Secretariat, Patna. 2. Director, Primary Education, New Secretariat, Patna. 3. The Regional Deputy Director Education, Magadh Division, Gaya. 4. The District Education Officer, Gaya. .... .... Respondents ====================================================== 2 27-09-2011 Heard learned counsel for the petitioner as well as learned AC to S.C . 26 for the respondents. The writ application has been filed for a direction to the respondents to grant promotion to the petitioner from Lower Subordinate Education Service to Subordinate Education Service. Learned counsel for the petitioner submits that in the first screening, the petitioner was found eligible and was recommended for such promotion with the only rider that in his case, since the confidential report had been received only from the Principal, Primary Teacher Training College, Sherghatti and not by the District Education Officer, the same may be called for and such promotion may then be granted, if there is no other adverse information against him. He submits that pursuant to the same, by letter no. 710, dated 29.03.2011, the District Education Officer, Gaya has sent a Patna High Court CWJC No.16967 of 2011 (2) dt.27-09-2011 2 report to the Regional Deputy Director of Education, Magadh Range, Gaya by which clearance has been given with regard to the petitioner as well as Mr. Ram Eqbal Sharma and Mr. Bhubneshwar Pathak. He further submits that in view of the aforesaid, the Director, Primary Education has issued the final promotion order with regard to 41 persons under Memo No. 573, dated 25.05.2011, in which the name of the petitioner did not find place whereas the two other said persons, namely, Sri Bhubneshwar Pathak as well as Sri Ram Eqbal Sharma are placed at serial nos. 4 and 6 respectively. Learned counsel for the petitioner contends that the exclusion of the name of the petitioner is without any justification either in facts or in law as there is no impediment for the promotion to be granted to the petitioner. In view of the materials brought on record, this Court prima facie feels that there is substance in the contention of the learned counsel for the petitioner. However, the original recommendation had one further rider besides clearance from the District Education Officer, that there should not be any other material against the petitioner. On that issue there is nothing to show whether there was any other adverse information responsible for the petitioner’s name not being included. Be that as it may, in Patna High Court CWJC No.16967 of 2011 (2) dt.27-09-2011 3 view of the position emerging, this Court feels inclined to direct the respondent no. 2, i.e., the Director, Primary Education to look into the matter and pass appropriate orders with regard to the petitioner’s promotion. He shall be obliged to do the same within one month from the date of production/receipt of a copy of this order upon him. If for any reason he is unable to grant such promotion then he shall be obliged to pass a reasoned order in this regard. On the other hand, if he finds that the name of the petitioner had been wrongly excluded then he shall pass appropriate order for inclusion of his name among the list of those promoted and shall also ensure that he is not put to any loss due to his non-inclusion in the earlier list dated 25.05.2011. The writ petition stands disposed off with the aforesaid directions. Bhardwaj/- (Ahsanuddin Amanullah, J)