IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12858 of 2006 Surendra Prasad Singh, son of late Ram Awadh Singh, Resident of Vidya Vihar, Road No.4 in the Town of Sitamarhi, Police Station Sitamarhi Sadar, District Sitamarhi. ----- Petitioner Versus 1. The Chancellor, Universities Of Bihar, Raj Bhawan, Patna. 2. The Deputy Secretary, Governor’s Secretariat, Bihar, Patna. 3. B.B.A. Bihar University, Muzaffarpur through its Registrar. 4. The Vice Chancellor, B.B.A. Bihar University, Muzaffarpur. 5. The Registrar, B.B.A. University, Muzaffarpur. 6. Bihar State University (Constituent Colleges) Service Commission, Patna through its Chairman. ------------ Respondents ----------- 2 1.9.2010 Having heard learned counsel for the petitioner as also counsel for the University, once this Court would find that the time bound promotion given to the petitioner on 15.11.2006 could not be acted upon in view of the order of the Chancellor directing to recall all such time bound promotion on the post of Professor who were given their such promotion on the basis of their research experience counting it from the date of registration of the 1st Ph.D. student, this Court would find it difficult to issue a direction for payment of salary with regard to such promotion, which could not withstand the test of statute as interpreted by the Chancellor. Such interpretation of the Chancellor that the 2 person claiming research experience would be entitled to count the same only from the date the research student would submit his thesis for the degree of Ph.D., in fact, has also been approved by this Court in the case of Patna University and therefore, this Court would now find it difficult to issue a direction for payment of salary on the basis of such illegal order of promotion. Nonetheless, the petitioner’s case for promotion will have to be reconsidered, if not already done so, from the date he had produced his 1st Ph.D. or the thesis was submitted by his student. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)