IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8109 of 1996 CHANDRIKA MOCHI . Versus STATE OF BIHAR & ORS . ----------- 3. 02.11.2010 The ratio having been laid down in the case of Daya Shankar Singh Vs The State of Bihar and Ors reported in 2010 (3) P.L.J.R 220 states that non passing of the departmental examination will come in the way of petitioner even in matter of time bound promotion. Admitted position is that petitioner did not pass that departmental examination and that is why the second time bound promotion was denied to him. The reasoning given for such a rejection seems to be in conformity with the above ratio. Submission of learned counsel for the petitioner is that the circular does provide for exemption after a person reaches age of 50 and since the petitioner had reached the age of 50 years in the year 1991 that aspect ought to have been considered by the respondents before considering his claim. Grant of exemption on reaching the age of 50 years is not a matter of routine or right. The circumstances under which the such 2 exemption can be given have been indicated in the circular. There is no pleading or evidence that the petitioner even made an application or request for exemption which was not considered. Even other wise no case is made out in view of the law stated above. The writ application is dismissed. Devendra/ ( Ajay Kumar Tripathi, J.)