IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2437 of 2007 SUDHA (DEVI) OJHA, wife of Dr. R.P.Ojha, resident of Brajkunj Apartment, Flat No. 22, Anandpuri, Boring Canal Road, P.S. Shastrinagar, District Patna ... Petitioner Versus 1. THE MAGADH UNIVERSITY through the Vice Chancellor, Magadh University, Bodh Gaya, Gaya 2. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya 3. The Registrar, Magadh University, Bodh Gaya, Gaya ... Respondents ----------- 2. 29.9.2010 Having heard Mr. Ganesh Prasad Singh, learned Senior counsel for the petitioner and Mr. Anil Kumar Sinha, learned counsel for Magadh University as with regard to the following relief prayed by the petitioner in this writ application: “ This is an application for issuance of a writ in the nature of mandamus, commanding and directing the respondent authorities to grant promotion under the Merit Promotion Scheme or alternatively under the Time Bound Promotion Scheme to the post of Reader as similarly situated persons have been granted the same, with effect from the date, the petitioner is legally entitled to and further for grant of monetary benefits as a consequence.” and the stand of the University in 2 paragraphs no. 6, 7 and 8 reading as follows: “6. That papers of the petitioner related to the promotion was sent to the experts for scrutinizing and reporting whether the applicant i.e. the petitioner is eligible for promotion or not. 7. That the reports of the experts have been received by the University which are in her favour. 8. That as per the Act and Statute amended, the report of the experts have to be placed before the selection committee and after getting the recommendation of the selection committee the approval of the syndicate would be obtained. But the notification thereafter will be issued after election due to code of conduct.” this Court would dispose of the said writ application by directing the respondents to comply their own undertaking given in paragraph no.8 of their counter affidavit. As the respondents have taken shelter of election and model code of conduct prohibiting them in notifying the promotion of the petitioner, this Court would direct the respondents to do the needful and issue a consequential order 3 within one month from the date of conclusion of the election programme. It also goes without saying that the University will also extend the financial benefit of such promotion to the petitioner within three months of the date of notifying her promotion. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/