IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9216 of 2005 Lav Kush Sharma, son of Late Shiv Lal Singh, Reader, Department of Commerce, R.K. FCollege, Madhubani, Dist. Madhubani – Petitioner. Vs. 1) Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar. 2) The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 3) The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 4) The Principal, R.K. College, Madhubani. 5) The Bihar State University (Constituent Colleges) Service Commission, Patna through its Secretary – Respondents. 11 18.3.2011 In this writ petition, the petitioner is claiming that he should be granted merit promotion on the post of Reader. The facts are that the petitioner who was a lecturer, applied for merit promotion on 18.12.1990. As per the counter affidavit his case was considered for merit promotion as a Reader and for that purpose his academic achievements was sent to the experts. One of the expert gave a report in favour of the petitioner while the other differed and felt that petitioner was not fit for grant of merit promotion. The matter was sent to the 3rd expert who required certain details regarding the petitioner. While the matter was pending for consideration, it is stated that petitioner also applied for time bound promotion. His application was received in the University on 29.11.1994 and again on 9.5.1997. The stand of the University is that in view of the fact that the petitioner applied for time bound promotion after applying for merit promotion, he was granted the benefit of the time bound promotion and as such cannot now be considered for merit promotion. It has also been stated that all those lecturers who applied either for time bound or merit promotion were considered 2 in accordance with the later preference. In reply thereto counsel for the petitioner submits that there are cases where subsequently merit promotions have been granted after being granted time bound promotion. I do not see any difficulty for the University / the expert committee in considering the case of the petitioner for grant of merit promotion in view of the fact that if a lecturer has the required qualification and is considered fit by the experts to be granted merit promotion, there is no bar that he should be deprived of the said benefit, specially in view of the fact that the petitioner had applied for merit promotion earlier and the matter was pending right up to 2004, when the University had sent the matter to experts for consideration. Since there was a delay in grant of merit promotion, it may be that an incumbent may apply for time bound promotion. That cannot be a bar for grant of merit promotion if an incumbent is otherwise fit. I accordingly remand the matter to the Vice Chancellor, Lalit Narayan Mithila University, Darbhanga who will refer the case of the petitioner to the expert body for consideration within a period of four months on receipt of a copy of this order. This writ petition is disposed of. haque ( Sheema Ali Khan, J.)