IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5813 of 2002 1.Bhup Narayan Mandal S/O Brahmdev Mandal, resident of village Bahataro, P.O. Raghopur, P.S. Sahuparwatah, District- Bhagalpur 2.Baleshwar Prasad Yadav, son of Gulabi Pd.Yadav, resident of village Nurpur, P.O. Nath Nagar, District- Bhagalpur ………… Petitioners Versus 1.The State Of Bihar 2.The Secretary-cum-Commissioner, Department of Personnel & Administrative Reforms, Govt. of Bihar, Patna 3.The Collector, District Bhagalpur, Bhagalpur 4.The Secretary, the Bihar Public Service Commission, Govt. of Bihar, 15, Bailey Road, Patna 5.District Education Officer, Bhagalpur, D.E.O. Office, Bhagalpur …………… Respondents ----------- For the Petitioners : Mr.S.S.Yadav,Adv. For the State : A.C. to A.A.G.II For the B.P.S.C. : Mr.Sanjay Pandey,Adv. ----------- 4. 10/05/2010 This is not disputed that Government rules are in vogue, which provide for 50% of sanctioned vacant post of Class III to be filled up from amongst regular employees working on Class IV posts on the basis of limited competitive examinations. Learned counsel for the petitioners refers to Annexure-3, which shows that the petitioners had appeared in the limited competitive examination, result of which was published in 1994 and merit list was prepared in 1995, in which they were found eligible for such promotion. In the merit list, name of petitioner no.1 was at serial - 2 - no.3 and name of petitioner no.2 was at serial no.17. However, the candidate who was at serial no.2, i.e. Madhuri Devi, came to this Court and, vide order contained in Annexure-7, her writ application was allowed and respondents were directed to act upon the merit list prepared on the basis of examination held on 23rd October, 1994. It is not clear as to whether the same merit list is still valid and operative in which name of said Madhuri Devi is at serial no.2 and name of petitioner no.1 is at serial no.3. Therefore, while holding that petitioners are entitled for consideration for promotion on sanctioned vacant post of Class III under the quota for Class IV employees, this Court disposes of this writ application with a direction to the respondents to consider the case of the petitioner in accordance with law. In case, said merit list, as contained in Annexure-3, is still valid and operative, case of the petitioners shall be considered on the basis of the same. Their cases should be considered not later than next phase of promotion of Class IV employees on Class III posts under the quota. Pradeep/ ( J.N. Singh, J.)