IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5525 of 2002 KEDAR MISHRA, S/O LATE RAM LAKHAN MISHRA, R/O DANAPUR, P.S.-DANAPUR, DISTRICT-PATNA AT PRESENT PEON, DEPARTMENT OF PSYCHOLOGY, B.S. COLLEGE, DANAPUR, PATNA. ……………PETITIONER. Versus 1. THE MAGADH UNIVERSITY, AT BODH-GAYA, GAYA THROUGH ITS REGISTRAR. 2. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH-GAYA AT GAYA. 3. THE PRINCIPAL, JAGAT NARAYAN LAL COLLEGE, KHAGAUL (DANAPUR) DISTRICT-PATNA. 4. THE PRINCIPAL, B.S.COLLEGE, DANAPUR, DISTRICT-PATNA. 5. HRIDYANAND SINGH, S/O NAME NOT KNOWN TO THE PETITIONER, PEON, B.S. COLLEGE, DANAPUR. 6. THE SCREENING COMMITTEE, GOVT. OF BIHAR, HIGHER EDUCATION, BIHAR, PATNA THROUGH ITS SECRETARY. ……………RESPONDENTS. ----------- 3 26.04.2010 In this writ application petitioner is aggrieved by an order issued under the signature of Registrar dated 29.11.2001 by which respondent no.5, who was transferred to the College on the post of Peon from some other College, was promoted to the post of Store Keeper, ignoring the case of the petitioner who was working as a Peon in the same College. Learned counsel for the petitioner submits that as the petitioner was working in the same College on the post of Peon his case ought to have been considered first for the post of Store Keeper instead of respondent no. 5. This issue cannot be decided in absence 2 of respondent no. 5. Noticing respondent no. 5 may take a long time for this writ application to be disposed of which has been filed in 2002 itself. Therefore, this Court feels it appropriate that the matter be remitted to the Vice-Chancellor to hear both the parties and pass final orders in respect of the grievance of the petitioner. This writ application is accordingly disposed of. Petitioner is directed to file a fresh representation before the Vice-Chancellor within one month from today and upon receipt of his representation the Vice-Chancellor will issue notice to respondent no. 5 also and after giving them due opportunity to appear shall decide the inter se claim with regard to promotion to the post of Store Keeper in the College preferably within a period of two months from the date of filing of the representation. Arvind/ (J. N. Singh, J.)