IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.20 of 2009 DR.SUFIA NASREEN . Versus THE SYNDICATE,P.U.THRU.V.C.&OR . with MJC No.49 of 2009 DR. MASUD AHMAD KAZIMI . Versus SYNDICATE P.U V.C PATNA& ORS . ----------- 4. 22.9.2010 The Court had directed consideration of the case of the petitioner for promotion to the post of Senior Lecturer and consequently Reader. Counsel for the University submits out that the petitioner is a Lecturer seeking promotion to the post of Senior Lecturer and Reader in the discipline of Persian. The Patna University Amendment Act, 2007 amends Section 56 of the Patna University Act by requiring the presence of three experts not connected with the University to be nominated by the Vice-Chancellor from a panel of not less than seven names approved by the academic council for each post out, out of which at least one member should belong to S.C./S.T. category and two shall be from outside. This has been further amended in 2008. Learned counsel for the University 2 submits that despite efforts it is unable to find an expert from the SC category for the Selection Committee. It is submitted that for reasons beyond control of the University, by statutory compulsion, the order is proving impossible of compliance. If the order has become impossible of compliance due to statutory bar and the non- availability of an Persian expert of the S.C. category, the Court finds it difficult to proceed further in the contempt jurisdiction It is expected that the State Government shall not be silent on the predicament of the petitioner but that the statutory provisions shall be appropriately reconsidered so that the petitioner is ultimately not prejudiced because of incorporation of the statutory conditions which the University/State itself finds it difficult to comply. In M.J.C. No. 49 of 2010 the subject matter is Arbaic. The issue otherwise is the same as the aforesaid application. It is disposed off in similar terms. The application stands disposed. P. Kumar ( Navin Sinha, J.)