IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5455 of 2006 Dr.Radha Mohan Singh, son of late Yamuna Prasad Singh, resident of New Colony, Choudhari Tola, Mahendru Patna, at present posted as Head of Department of English, B.N.College, Patna … Petitioner Versus 1. The State Of Bihar 2. The Secretary, Higher Education, Govt. of Bihar, Patna 3. The Director, Higher Education, Patna 4. Patna University, Patna through its Registrar 5. The Vice Chancellor, Patna University, Patna 6. The Registrar, Patna University, Patna 7. The Bihar State University (Constituent College) Service Commission, Patna through its Chairman 8. The Secretary, Bihar State University (Constituent Colleges) Service Commission, Patna 9. Dr. Harishikesh Mishra, son of late Gupteshwar Mishra, resident of A.K.Avenue, P.S. Kadamkuan, Patna … Respondents ----------- 4. 27.6.2011 Having heard counsel for the parties including respondent no.9 as with regard to the following relief: “That this is an application for issuance of appropriate writs/ directions commanding the respondents to fix 13.1.1983 as initial date of appointment of respondent no.9 as lecturer of English in B.N.College, Patna and counting from 13.1.1983 he could be given consequential benefit like promotion etc. The petitioner further prays that service rendered by respondent no.9 in P.B.S. College, Banka from 10.3.1981 to 2 13.1.1983 and in Bapujee College, Gauhati from 10.1.1978 and 9.3.1981 be not counted for promotion as Reader and University Professor as it is not in consonance of University Act/ Statute and accordingly, counting respondent no.9 date of appointment as 13.1.1983, his date of promotion as Reader and University Professor be shifted and also grant any other reliefs for which petitioner is found entitled in the facts and circumstances of the case.” this Court is of the considered opinion that since the University itself in paragraphs 13 and 14 of the counter affidavit has taken a specific stand in the following terms: “13. That in the instant case initially the respondent no.9 was promoted to the post of reader in which the services rendered by him in the colleges of Guahati as well as P.B.S. College, Banka was not taken into consideration which was in accordance with law but later on, he was promoted as Professor in which his aforesaid service was taken into consideration which was purely a temporary service and the same was not in accordance with law. It is further stated that the date of promotion as reader was 3 also shifted which is complete violation of rule and statute. 14. That now the Bihar University (Constituent College) Service Commission has been abolished and power and function of the Commission has been vested to University therefore the authority of the University after re- examining the document and case of the respondent no.9 may rectify the mistake according to the provision of the statute and rule made therein and may shift the date of promotion of respondent no.9 in accordance with law.” this Court would direct the University to do the needful as with regard to reckoning the date of promotion of respondent no.9. It is, however, made clear that if the University intends to take any adverse decision against respondent no.9 it must give respondent no.9 an opportunity of hearing before passing such order. The whole exercise, however, must be completed within a period of six months from the date of receipt/ production of a copy of this order. Let it be made clear that this Court has not expressed any opinion on respective merits on the contentions of the 4 parties and has simply remitted the matter back in view of the stand taken by the University in its counter affidavit. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/