IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.417 of 2008 Sanjay Kumar Suman, Son of Yogendra Harijan, Resident of Mohalla- Sriram Path, Punaichak, P.S. Shashtrinagar, District Patna………………………………………………………………..Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The vice Chancellor, Rajendra Agriculture University, Pusa, Samastipur. 3. Director (Administration), Rajendra Agriculture University, Pusa, Samastipur…………………………………………….…………Respondents ----------- For Petitioner: Mr. P.N. Pathak, Advocate For Respondent-R.A.U.: Mr. D.K. Sinha, Sr. Advocate with M/s Dr. A.K. Upadhaya, Chandra Mohan Singh, Prakash Mahto & Samir Kumar Sinha, Advocates *** 2 26.08.2010 Heard learned counsel for the petitioner as well as learned counsel for the respondents. As per the case of the petitioner, he was appointed as Junior Engineer under the Rajendra Agricultural University (hereinafter referred to as ‘the University’) on 17.12.2001. Learned counsel for the petitioner submits that the petitioner is a scheduled caste candidate and as per Rules of the University, on completion of five years service, he becomes eligible for promotion to the post of Assistant Engineer. He submits that at least one post of Assistant Engineer is 2 vacant from before against which he has now become eligible for promotion. He also submits that petitioner has already filed a representation before the Director (Administration) of the University, a copy whereof is annexed as Annexure-8 to the writ application. He submits that petitioner filed representations before the Director (Administration) and before the Vice-Chancellor of the University, copies whereof are annexed as Annexures 8 and 9, but the same have not be considered. Eligibility of the petitioner for such promotion as Assistant Engineer has to be examined by the authorities of the University as per rules. They are to consider the case of the petitioner on merits and pass appropriate orders. In absence of any counter affidavit, this Court cannot adjudicate in the matter. Therefore, the writ application is disposed of with a direction to the respondent- Vice-Chancellor of the University to consider his representation and pass appropriate orders in accordance with law, preferably within six months from the date of receipt/production of a copy of this order. 3 It is made clear that this Court has not expressed any opinion with regard to the claims of the petitioner. BT (J. N. Singh, J.)