IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7967 of 2003 Sri Prakash Prasad Singh, S/o Sri Dowarika Prasad Singh, Resident of Rental Flat No. 121, Kankarbagh Colony, Patna-20, P.S. Kankarbagh, District Patna. ---------- Petitioner Versus The State of Bihar through the Secretary, Medical Education and Family Welfare Health, New Secretariat, Patna. --------- Respondent ----------- 8 06.09.2010 Having heard learned counsel for the parties as also Mr. Pushkar Narain Shahi, an intervener representing the interest of Mr. Uday Narain Singh, all that this Court would find that the following relief prayed by the petitioner in this writ application:- “1(a) Respondents be directed to promote the petitioner to the vacant and Sanctioned post of Professor and Head of Deptt. in the department of Occupational therapy. With effect from 01.06.2003 since when the said post fall vacant. (b) Respondents be directed to pay substantive pay Scale rupees 14,300/- to 18,300/- to the petitioner and they further be directed to pay the difference of salary as well as current Salary.” would squarely depend on the petitioner being eligible for the post of Professor and Head of Department in the Department of 2 Occupational Therapy. It is the specific stand of the petitioner that he fulfills the required criteria as laid down by the State Government in its resolution dated 29.3.1998, whereas, the respondents have with equal vehemence denied the said assertion of the petitioner by asserting that the petitioner is a mere Matriculate with some diploma and would never qualify for the post of Professor and Head of Department of Occupational Therapy. The petitioner, in order to support his claim, has relied on testimonials issued by the Registrar of the Patna University. In the opinion of this court, the Registrar had no business to issue such testimonials, inasmuch as, the Registrar of the University can only certify with regard to an examination being conducted by it but he cannot become an author for deciding the qualification for the post of Professor and Head of Department to be filled up by the State Government. In that view of the matter, this Court would only give liberty to the 3 petitioner to approach the respondent Principal Secretary of the Medical Education and Family Welfare Department with all his certificates and mark sheet, which would show that he had possessed the qualification laid down for the post of Professor and was eligible for such promotion in his service span. It is made clear that since the respondents have taken a stand that the petitioner, apart from being not qualified was also ineligible to hold any teaching post because he was never appointed/promoted on the post of Lecturer and, therefore, he would never qualify for the post of Professor, which is the second promotional post in the cadre after the post of Associate Professor, the Principal Secretary of Medical Education and Family Welfare Department would also examine the requirement of filling up the teaching post by the petitioner as per norms fixed in this regard by the State Government. All these aspects, therefore, would be gone into by the respondent Principal Secretary of the Health Department, who would 4 decide the claim of the petitioner for his promotion on the post of Professor strictly in accordance with law, but such exercise, keeping in view that the petitioner has already retired from service, must be completed within a period of four months from the date of receipt/production of a copy of this order and while doing so, the case of the petitioner may not be considered in isolation rather anyone including the intervenor who was/is qualified and eligible would also receive his due consideration for the said promotion. At the same time while considering such claim of the petitioner, the authority will also take into account whatever assignment was given to the petitioner, while he was in service in the college. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)