IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10555 of 2010 1. Krishna Kumar S/O Sri Anit Ram Class-Iv Employees In Civil Court At Aurangabad, Distt.- Aurangabad Versus 1. The Patna High Court, Patna Through Registrar General, Patna High Court, Patna 2. The District Judge, Aurangabad ----------- For the Petitioner:- Mr. Rajendra Kumar Singh, Sr. Adv. Mr. Onkar Kumar, Adv. Mr. Navjot Yeshu, Adv. For the High Court:- Mr. Chittaranjan Singh, Sr. Adv. Mr. Binodanand Mishra, Adv. For the State:- Mr. Ashok Kr. Gupta, Adv. ------------- 3. 08.11.2011 Heard learned counsel for the petitioner and the Court. The petitioner is a Class-IV employee in the Civil Court at Aurangabad aggrieved by denial of promotion to a Class-III post in pursuance of a process of selection held against the promotional quota. No counter affidavit had been filed since July, 2010. Rather than to have kept the matter pending for that purpose the Court requested the counsel for the Court to place the original records itself so that if possible the matter may be disposed off. The original records have been placed before the Court during submissions. The fact of the matter is that the petitioner has secured 43.25 marks in the written examination. The counter affidavit of the Registrar in the judgeship of Aurangabad states that the qualifying 2 marks fixed for reserved category candidates, to which the petitioner also belongs, was fixed at 40 by the appointment committee as distinct from 45 meant for general category candidates. His name was recommended to the Court which did not approve and observed that the petitioner may again appear in the ensuing examination after six months. The Bihar Civil Court Staff (Class-III & Class-IV) (Amendment) Rules, 2001 visualizes appointment on Class-III post both by direct recruitment and by promotion. The procedure for direct recruitment is provided for in Rule -5. The procedure for appointment by promotion is provided for in Rule-6. 20% of Class-III vacancies have to be kept reserved for promotion from Class-IV. A separate examination for appointment against the promotional quota is required to be held. Rule 5(d) regulating direct recruitment provides for qualifying marks in the written examination as 45%, but permits relaxation in case of reserved category candidates. Rule 6 dealing with promotional vacancies shall be governed by the same qualifying marks in absence of any indication to the contrary. But relaxation cannot be granted in absence of any specific statutory provision. 3 The provisions of Rule 5(d) for relaxation in the qualifying marks for reserved category candidates applicable to the process of direct recruitment cannot be imported into Rule-6 with regard to promotional quota vacancies as the latter contains no such provisions. On the contrary Rule 52 of the Bihar Civil Court Staff (Class-III & Class-IV) Rules, 1992 specifically provides that the reservation policy shall not be applicable in case of appointment by promotion. For the aforesaid reason the High Court did not approve of the reduced relaxation in the qualifying marks of the written examination to 40% by the appointment committee with regard to the promotional post. The Court finds no infirmity in the same. The application is dismissed. P. Kumar ( Navin Sinha, J.)