IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10411 of 2007 SHYAMANAND SINGH S/O Late Shri Harihar Singh R/O Village Methwalia, P.S. Ravilganj, Dist.. Saran at chapra. Versus 1. THE STATE OF BIHAR 2. Secretary, Department of Higher Education, Government of Bihar, Patna. 3. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. ----------- 2 29.09.2010 Having heard counsel for the parties as with regard to the following prayer:- “(i)For issuance of an appropriate writ, rule or direction commanding upon the respondents to grant promotion to the petitioner which he has been denied from the date of his joining on 5.10.1977. (ii)For a direction to the respondents authorities to give him the consequential monetary reliefs arising out of the said promotion.” and finding the admitted position that the petitioner claims to be a lecturer in Bharat Mishra Sanskrit Mahavidyalaya of the affiliated College of Kameshwar Singh Darbhanga Sanskrit University, such prayer for promotion by seeking direction as against the respondents of this writ application must be held to be wholly misconceived in terms of Section 57A of the Bihar State Universities Act and the Statutes of Kameshwar Singh Darbhanga Sanskrit University. The decision for such promotion of the petitioner can be only taken by the Governing Body of the College and not the University and such Governing Body has not been made party to this writ application. It has also to be kept in mind that if the petitioner could have impleaded the Governing Body as a party respondent 2 for seeking a direction for his promotion such writ petition was not maintainable as the said Governing Body of the College of the petitioner is not 'State' within the meaning of Article 12 of the Constitution of India. In that view of the matter, this application is not maintainable and is accordingly dismissed. Dismissal of this writ application however will not come in the way of the petitioner to seek any other remedy that will be available to him in law. Abhay Kumar ( Mihir Kumar Jha, J.)