IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3481 of 2005 JANG BAHADUR SINGH, s/o Late Mahebir Singh at present posted as Routine Clerk in the Students welfare Department, Veer Kunwar Singh University, Arrah. … Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary and Commissioner, Department of Higher Education, Govt. of Bihar, Patna. 2. The Secretary and Commissioner, Department of Finance, Govt. of Bihar, Patna. 3. The Chancellor of Universities, Bihar, Patna. 4. The Veer Kunwar Singh University, Arrah through the Registrar. 5. The Vice Chancellor, Veer Kunwar Singh University, Arrah. 6. The Registrar, Veer Kunwar Singh University, Arrah. … Respondents. 4. 27.01.2010 The prayer of the petitioner in this writ application reads as follows:- “i) For quashing of the order contained in Memo No. 144/GT/99 dated 9.3.1999 as well as Memo No. 125 dated 8.4.1999, issued under the signature of the respondent Registrar, cancelling the posting of the petitioner as Secretary to the V.C. and posting him on the post of routine clerk in the Students Welfare Department in the light of some allegations against him which were ultimately found to be false with resultant exoneration of the petitioner in a proper inquiry held under the directions of the syndicate. ii) For a direction to the respondents to post the petitioner back on the post of Secretary to the V.C. with all consequential benefits and restore status quo as on prior to issue of the said memo dated 9.3.1999 in the matter of post and pay scale of the petitioner as prior to issue of the said Memo. iii) For a direction to the respondent State Authorities to, if required, 2 grant necessary sanction/ approval to the posting and grant of pay-scale to the petitioner of the post of Secretary to the V.C. as recommended by the University. iv) Alternatively for a direction to the respondents to post the petitioner on the equivalent, vacant and sanctioned post of Assistant Registrar Carrying the same pay- scale. v) For payment of his arrear remaining salary of the period of March 99 to 15 the June 99 and the salary of the period 16.6.1999 to September 2002, as a consequence of his complete exoneration in the inquiry and his appeal having been allowed by the Chancellor, with statutory interest and interest on account of delay.” Having heard counsel for the parties and having perused the scope of the two impugned orders as contained in Annexure 6 and 7, this Court is satisfied that the right of the petitioner who holds the post of Personal Secretary to the Vice Chancellor would arise only if there was a sanctioned post in terms of Section 35 of Bihar State University Act and that the appointment/promotion on the said post of the petitioner was made in the prescribed manner. There is no such averment in the writ petition and therefore all that can be done is, if the petitioner can adduce evidence in support of his aforesaid claim before 3 the present Vice Chancellor of the University, he will look into the propriety and correctness of the order passed earlier by the University. It would however be also open for the competent authority of the University to pass an appropriate order in accordance with law. With the aforementioned observations and directions, this writ petition is disposed of. Kanchan (Mihir Kumar Jha, J.)