IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1269 of 2006 DR.(MRS.)BINA RANI wife of Dr. Radhakant Prasad, residing at 402, Aangan Apartment Jagat Narayan Road, Kadamkuan, Police Station- Kadamkuan, Patna-800003. … Petitioner. Versus 1. THE BIHAR STATE UNIVERSITY (Constituent Colleges) Service Commission, through its Secretary, 9 Baily Raod, Patna-800014. 2. Chairman, Bihar State University (Constituent Colleges) Service Commission 9, Baily Raod, Patna, 8000014. 3. Patna University Patna, through its Registrar, Ashok Rajpath Patna. 4. Vice- Chancellor, Patna University, Patna. 5. Registrar, Patna University, Patna. … Respondents. ----------- 2. 26.08.2010 Having heard learned counsel for the parties with respect to the prayer made in this writ application, reading as follows; “1. That this writ application has been filed for commanding the respondents to revise and shift the date of promotion of the petitioner to the post of Reader in Chemistry, under 8 years Merit Promotion Scheme From 14.9.1992 to 16.4.1988. This writ application has also been filed for holding that as per the provision contained in 8 year Merit Promotion Scheme (Statute) the petitioner is entitled for promotion to the post of Reader with effect from 16.4.1988 but the Bihar State University (Constituent Colleges) Service Commission, hereinafter referred to as Commission, has wrongly and illegally recommended for her promotion under the aforesaid scheme with effect from 14.9.1992 under a wrong assumption that holding a Ph.D. degree is one of the essential qualification for promotion to the post of Reader under the said Scheme and has accordingly recommended for the 2 promotion to the petitioner with effect from 14.9.1992 i.e. the date of the sward of the Ph.D. degree to the petitioner.” and the submission of learned counsel for the Patna University that since the power of giving concurrence/approval to the promotion including shifting upon abolition of the Bihar State Universities (Constituent Colleges) Service Condition has been vested in the university itself, if the petitioner would file a representation to the Registrar of the University, the case of the petitioner would be examined and decided within a period of four months, this writ application is accordingly disposed of with a direction to the Vice-Chancellor and the Registrar of the University to take a final decision in accordance with law within the aforementioned period as assured and undertaken by his counsel. It also goes without saying that consequential benefit on account of such shifting to the petitioner, if any, will also be extended to him in next two months. kanchan/- ( Mihir Kumar Jha, J.)