IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3436 of 2004 BISHWANATH SINGH, son of late Ram Hosiyar Singh, resident of Mohalla Ashok Nagar, Road No.1, P.S. Kankarbagh, Patna ... Petitioner Versus 1. THE RAJENDRA AGRI.UNIVERSITY through the Registrar, Pusa, Samastipur 2. The Vice Chancellor, Rajendra Agricultural University, Pusa Samastipur 3. The Director, Administration, Rajendra Agricultural University, Pusa, Samastipur 4. The Regional Director, Agricultural Research Institute, under Rajendra Agricultural University, Lohia Nagar, Patna ... Respondents ----------- 4. 22.11.2010 Having heard counsel for the petitioner and the counsel for Rajendra Agriculture University (R.A.U.) as with regard to the following relief: “That this is an application for issuance of writ in the nature of mandamus to command the respondents consider the case of the petitioner for promotion to the post of Laboratory Assistant in the pay scale 975-1540 with effect from 1.7.1991 with consequential.” and the admitted position that the post on which the petitioner seeks his promotion has the prescribed requisite qualification of matriculation, which the petitioner did not possess, there would be no difficulty in holding that the relief sought by the petitioner in this writ application is 2 wholly misconceived. Mere seniority would not make the petitioner entitled for holding the post of Laboratory Assistant, if under the Statutes of R.A.U. the minimum requirement for holding such post of Laboratory Assistant is matriculation. Admittedly the petitioner did not possess the requisite qualification, therefore, he cannot claim promotion on the said post. Counsel for the R.A.U. has correctly pointed out that when the petitioner was not given such regular promotion on the higher post on account of his being not qualified for such post, he was allowed the benefit of time bound promotion in his own post. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/