IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12701 of 2005 BINOD BIHARI, son of Ishwar Nath Sah, resident of Adarsh Colony, Mohalla – Baulia Road, Nooran Ganj, P.O. & P.S. Sasaram, District – Rohtas. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Road Construction Department, Govt. of Bihar, Patna. 3. Engineer-in-Chief, Road Construction Department, Govt. of Bihar, Patna. 4. Chief Engineer, Road Construction Department, North Bihar (Communication) Wing, Darbhanga. 5. Superintending Engineer, Road Construction Department, North Bihar, Circle, Muzaffarpur. ----------- 03. 16.9.2010 Writ was filed by the petitioner in the year 2005 seeking a direction upon the respondents to promote him on the post of Assistant Engineer under the so-called 10% reserved quota fixed for such promotion from Junior Engineers who have acquired a degree/diploma from AMIE. According to the petitioner, he had cleared the examination in the year 2002 itself and was otherwise eligible. Promotion to the petitioner has come to be given but only in the year 2010, but this promotion is also tentative because it is evident from the said notification which is Annexure-B that there are some writ applications pending before this Court on issues of seniority or may be similar claims. In that view of the matter it may not be proper for this Court to pass order in favour of the petitioner to promote him to the post from a back date i.e. from a date when he had cleared the examination. The Court intentionally does not want to record full and final opinion on the claim of the petitioner lest it may create future problem if the occasion for the same arises. 2 Mere passing of the examination, however, is not the sole criteria for promotion, which the petitioner is seeking because the question of seniority, merit and other eligibility is also required to be looked into by the respondents along with the case of others and not of the petitioner alone. The writ application is disposed of in the above circumstances with liberty to the petitioner that if a changed circumstance comes to exist he may have an occasion to come up before this Court again. rkp ( Ajay Kumar Tripathi, J.)