IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.855 of 2010 Vijay Shankar s/o late Harihar Pd. Singh, presently working as a Librarian in-charge, L.S. College, Muzaffarpur, P.S. Kazi Mohammadpur, District - Muzaffarpur Versus 1. The B.R.A.Bihar University, Muzaffarpur through its Registrar 2. The Vice Chancellor, B.R.A.Bihar University, Muzaffarpur 3. The Registrar, B.R.A.Bihar University, Muzaffarpur 4. Dr. Kaushal Kishore Chaudhary, s/o Suryakant Chaudhary, r/o Rajendrapuri, Kalambag, P.S. Kazi Mohammadpur, Muzaffarpur, presently post as Librarian L.S. College, Muzaffarpur --- For the Appellant: Mr. Ganesh Pd. Singh, Sr. Advocate Mr. Pushpendra Kr. Singh, Advocate For the University: Mr. Ajay Bihari Sinha, Advocate For the Pvt. Respondent: Mr. Abhinav Srivastava, Advocate --- 2 12/5/2010 IA. No.4584 of 2010 This is an application for condonation of delay of 184 days in preferring the appeal. Having perused the application, we are satisfied that sufficient grounds do exist for condonation of delay and, accordingly, the delay in filing the appeal stands condoned. Interlocutory application stands disposed of. LPA. No.855 of 2010 As we have condoned the delay we are 2 inclined to take up the appeal for admission. On the consent of learned counsel for the parties, it is finally heard at the admission stage. In this intra-court appeal the assail is to the order dated 17.9.2009 passed by the learned Single Judge in CWJC. No.10446 of 2009. The grievance that was agitated before the learned Single Judge was that he was the only Assistant Librarian in the College and there has been recommendation to promote him to the post of College Librarian. Taking note of the said aspect, the learned Single Judge has issued the following direction:- “ This matter is being disposed of directing the Vice Chancellor of B.R.A. Bihar University to take necessary action for appointment on the post of College Librarian by way of promotion in the light of the recommendation made by the Registrar of the University. Since the petitioner as per the recommendation of the Registrar, has requisite statutory qualification for holding the post and his name has also been recommended as the first nominee by the Selection Committee, there is no reason for delaying the matter any more. The Vice Chancellor must pass an order in accordance with law within four weeks from the date of production/communication of this order.” It is submitted by Mr. Singh, learned senior counsel, that the appellant was working in the post of Assistant Librarian for last two years and, therefore, he 3 has right to be considered for the post of College Librarian and that apart he was made party to the writ petition and issued notice. During the course of arguments, we were apprised by the learned counsel for the University as well as by the private respondent that the post of College Librarian has been filled up by the order dated 26th March, 2010. In view of aforesaid, we are only inclined to grant liberty to learned counsel for the appellant to challenge the said appointment within the parameters of law. We may hasten to clarify that the direction given by the learned Single Judge in the order impugned that the appointment shall be considered by way of promotion in the light of the recommendation made by the Registrar of the University inasmuch as the appellant has the requisite statutory qualification for holding the post, can only be pressed into service when the matter could be agitated afresh by filing an independent writ petition assailing the order of promotion. The same has to be adjudicated on its own facts regard being had to the Rules and Regulations in the field. 4 With the aforesaid modification in the order of the learned Single Judge, the appeal stands disposed of without any order as to costs. Neyaz/ ( Dipak Misra, CJ.) (Mihir Kumar Jha, J.)