IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.472 of 2003 PROF.DR.RAM SAKAL SINGH YADAV, S/O Late Bhimsen Yadav, R/O Village Ballamichak, P.S. Phulwarisharif Distt. Patna. Versus 1.THE STATE OF BIHAR 2.The Secretary, Higher Education Department, Govt. of Bihar, Patna. 3.The Joint Secretary, Pay Fixation Cell, Higher Education Department, Govt. of Bihar, Patna. 4.The Magadh University, Bodh Gaya through its Registrar. 5.The Vice Chancellor, Magadh University, Bodh Gaya. 6.The Registrar, Magadh University, Bodh Gaya. ----------- 4 02.07.2010 No one appears for the petitioner. Counsel for the State and also the University are present. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of a writ in the nature of certiorari or any other appropriate writ/Rule/ Direction for quashing the part of the order as contained in memo no. 15/CZ- 131/02/ High/ Edn-1687 dated 9.12.02 (Annexure-11) whereby and whereunder the salary of the petitioner as Reader has been fixed by ignoring the petitioner’s promotion to the post of University Professor holding it to be not permissible and further direction to the respondents specially respondent no.2 to fix the salary of the petitioner in the scale of University Professor in view of the recommendation made by Bihar State University (Constituent College) Service Commission Annexure-6, and pursuant thereto notified by the Magadh University Annexure-7 granting promotion to the post of University Professor as has been done in the case of similarly situated person by Annexure-12 and for further direction to the respondent University to make the payment of due amount after fixation of his salaries of the post of University Professor.” From perusal of the materials on record it would appear that the petitioner was initially appointed on the post of 2 Demonstrator and as such in terms of the policy decision of the State Government as with regard to grant of promotion as notified by the Chancellor in the statutes dated 24.12.1986 reading as follows:- “No teacher shall be allowed more than two such promotions during the entire period of his service. As such a Demonstrator who was promoted as Lecturer may be further promoted as Reader under this statute but not as University Professor.” there would be no anomaly in the resultant impugned order passed by the Secretary to the State Government who has passed such order in terms of the earlier order of this Court dated 5.12.2002 in C.W.J.C. No.10368 of 2002. That being so, this application is wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)