IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1025 of 2010 Mithilesh Kumar Singh, son of late Ram Das Singh, Laboratory Assistant Agricultural Research Institute, Patna --- Petitioner/Appellant. Versus 1. The Rajendra Agricultural University, Bihar, Pusa, Samastipur through the Vice Chancellor. 2. Vice Chancellor, Rajendra Agricultural University Bihar, Patna, Samastipur. 3. The Director of Administration, Rajendra Agricultural University, Bihar, Patna, Samastipur. 4. The Regional Director, Agricultural Research Institute, Patna ----- Respondents. ------------ 2. 22.6.2011 Heard Mr. Girish Chandra Verma for the appellant. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C. No. 1153 of 2002 (Mithilesh Kumar Singh V. Rajendra Agricultural University, Bihar & Ors.), and is aggrieved by the order dated 19.5.2010, whereby the writ petition was dismissed, and the order of promotion passed by the departmental authorities has been upheld. We have perused the materials on record and considered the submissions of the learned counsel for the appellant. It appears to us that nine posts of class III, and five posts of lab assistant, were available, out of which 50% posts were reserved for promotion from the lower rank by 2 promotion. The appellant was an employee in the lower rank. It further appears that four posts of clerk, and two posts of lab assistant, were available for appointment by promotion from the next below rank(s). The appellant being an employee from the next below rank, had appeared at limited competitive examination. He could not be promoted to the post of clerk because he was at sl.no.5 of the merit list. However, he was promoted to the post of lab assistant carrying lower pay-scale than that of clerk. We, therefore, agree with the view taken by the learned Single Judge that, in view of the appellant’s position in the merit list, he could not have been promoted to the post of clerk and was rightly promoted to the post of lab assistant. Promotion to the posts of clerks was limited by the number of vacancies available to the departmental candidates. We do not find any error in the order passed by the authorities, and entirely agree with order of the learned Single Judge. There is no merit in this appeal. It is accordingly dismissed. Vinay/ ( S. K. Katriar,J. ) (Amaresh Kumar Lal, J.)