IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1765 of 2006 Uttam Lal Thakur, son of Sri Bal Deo Thakur, R/o Village Ladania, P.O. & P.S. Ladania, Distt. Madhubani, posted as Reader, Department of English, C.M.J. College Donwari Hat, Khutauna, P.S. Babu Barhi, District Madhubani. ------- Petitioner Versus 1. L.N. Mithila University, Kameshwwar Nagar, Darbhanga, through its Registrar. 2. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwwar Nagar, Darbhanga. 3. The Registrar, Lalit Narayan Mithila University, Kameshwwar Nagar, Darbhanga. 4. The Principal, C.M.J. College, Donwari Hat, Khutauna, District Madhubani. 5. The Bihar State University (Constituent College) Service Commission, Patna through its Secretary. -------- Respondents ----------- 2 25.08.2010 No one appears on behalf of the petitioner. Counsel for the University is also not present. The prayer of the petitioner in this writ application reads as follows:- “1(i) For a direction to the respondent University Commission to consider the report of the team of experts constituted by the Commission for scrutiny of the case of the petitioner for grant of Merit Promotion as Reader. (ii) For a direction to the respondents to strictly adhere to the statute contained in letter No. B.S.U.- 6/86-3975/G.S. dated 26 December, 1986 for consideration and grant of Merit Promotion as Reader to the petitioner. (iii) For further direction to the 2 respondents to consider and grant Merit Promotion as Reader to the Petitioner with effect from 7.2.87. (iv) For a consequential/follow up direction to the respondent University to shift back the date of the Merit Promotion of the petitioner as Reader under Merit Promotion of the petitioner as Reader under Merit Scheme with effect from 7.2.87 in place of Time Bound Promotion on 7.2.89 and accordingly determine seniority, consider the grant the revised pay scale and also determine the eligibility for further grant of Promotion to the petitioner to the post of Professor on account of back of the date of Merit Promotion Scheme.” From reading of this writ application and the annexure appended thereto, it would appear that the claim of promotion of the petitioner on the post of Reader under Merit Promotion Scheme has been kept pending on account of non-consideration of the report of the team of expert constituted by the Commission. In view of the fact that the case of promotion of the petitioner was under the zone of consideration, this Court, in absence of any 3 counter affidavit in this case (which has not been filed even after expert of a period of four and half years from the date of filing of the application), would only direct the respondent nos. 1 & 2 i.e. the University and its Vice Chancellor to consider the grievance of the petitioner as with regard to his entitlement and grant of promotion on the post of Reader under Merit Promotion Scheme within a period of six months from the date of receipt/production of a copy of this order. It is, however, made clear that this Court has not expressed any opinion on the merit such claim of the petitioner and therefore, it would be open for the University and its Vice Chancellor to pass any appropriate order strictly in accordance with law and the statutes of the Merit Promotion Scheme. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)