IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15560 of 2011 Priya Ranjan Sharma S/O Kesho Prasad Singh R/o Village- Badauni, P.S. Sonchari (Parwalpur), District-Nalanda------------- -------------------------------------------Petitioner. Versus 1. The State Of Bihar through Secretary, Rural Development Department, Old Secretariat, Patna. 2. Secretary Gramin Karaag Vibhag, Bihar, Patna. 3. District Magistrate, East Champaran, Motihari. 4. Deputy Collector, Establishment, Collectorate, East Champaran, Motihari--------------------------Respondents. ---------------------------------- 2 9.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. Annexure-10 is under challenge in the present writ application by virtue of which grant of first and second ACP has been refused on the ground that the petitioner has not passed the departmental examination. Facts stand that the petitioner had filed application for exemption from passing of the departmental examination way back on 22.3.2004 as would be evident from annexure-11 as well as the subsequent application contained in annexure-12 dated 22.3.2005. Till date no formal order for grant of exemption has been issued by any competent authority. If this factual position stands as of today the reason given for refusal of grant of ACP as contained in annexure-10 cannot be held to be faulty or illegal. No interference with annexure-10 therefore is required at this stage. However a direction is issued upon the District Magistrate, East Champaran, Motihari that taking cognizance of annexures- 11 and 12 and keeping in mind the circular with regard to 2 such exemption a decision will be taken and communicated to the petitioner within a period of three months from the date of production/communication of a copy of this order. Based on the decision if a right in favour of the petitioner accrues follow up action will be taken. It will be open to the petitioner to file a fresh copy of application for exemption with a copy of this order to facilitate the decision. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)