IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.640 of 2009 Subhchandra Thakur, son of Late Maheshwar Thakur, resident of Village – Khrowa, P.S. – Ghoghradiha, District – Madhubani at present resides at Mohalla – Sarai, University Road, behind Kali Asthan, P.S. – Tatarpur, District – Bhagalpur ……………… Petitioner Versus 1. The V.C.,Tilkamanjhi Bhagalpur University, Bhagalpur 2. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur 3. The Head of the Post Graduate Department of Physics, Tilka Manjhi Bhagalpur University, Bhagalpur 4. The Librarian, University Central Library, Tilka Manjhi Bhagalpur University, Bhagalpur ……………. Respondents ---------------------------------- 07. 24.10.2011 Heard learned counsel for the petitioner and the counsel, representing Tilkamanjhi Bhagalpur University, Bhagalpur. Petitioner’s prayer in this Writ Application is for issuance of direction to authorities of the University, considering his case for promotion to the post of Deputy Librarian in the University, Central Library of Tilkamanjhi Bhagalpur University, Bhagalpur. Petitioner’s claim is that since he fulfilled all rules of promotions and had requisite qualification and seniority for being promoted to the post of Deputy Librarian as such non-consideration of his case by the respondents is an arbitrary act on their part. They must consider his case for promotion. Admittedly, petitioner had been appointed in 2 the scale of LDC Clerk on 15.09.1975 in the Post Graduate Department of Physics. At the time of his initial appointment petitioner did not possess any degree in Library Science, as he did not have any eligibility for being appointed on the post of Librarian. However, petitioner’s claim is that he had done course in the Librarian, as such he could have been considered for the post of Librarian. Petitioner’s case is that before his appointment he has done crash course in Library Science and considering that on 25.01.1989, he was posted on deputation as Classifier-cum-Cataloguer in the University Central Library, Bhagalpur, where he worked till 1993. In the year 1993, he was again reverted back to PG Department of Physics, not on the post of LDC, but on the post of Librarian in the Physics Department under the order of Vice Chancellor. He was also allowed the pay-scale of Librarian. The petitioner thereafter made representation through In-charge, Head of the Department of Physics to the Vice Chancellor for promoting him to the post of Librarian and under the orders of Vice Chancellor his representation was forwarded to the Promotional Committee. In the counter affidavit, filed on behalf of the 3 University, it has been stated that the representation of the petitioner was duly considered by the Promotional Committee and rejected by a reasoned order, dated 16.09.2011 during the pendency of the Writ Application. The petitioner has already superannuated in July, 2011. Considering these facts, I find that since representation of the petitioner had already been rejected by the Promotional Committee, if petitioner is interested he has option to challenge that order. The claim of the petitioner for promotion to the post of Deputy Librarian in the University Central Librarian can not be considered for the reason that the Deputy Librarian’s post either can be filled through direct appointment or on promotional basis. Only persons, working as Assistant Librarian can be promoted to the post of Deputy Librarian. Since, petitioner did never held post of Assistant Librarian, as such he could not have claimed to be promoted to the post of Deputy Librarian. So far direct appointment is concerned, advertisement on national basis is required to be published, inviting applications and only persons having requisite qualification and eligibility can be selected for appointment to the post of Deputy 4 Librarian. Till the date petitioner was in service, no such advertisement had been issued, neither the petitioner had applied for it, so he can not claim to be directly appointment on this post. For all these reason, I do not find any merit in this Writ Application. It is dismissed. SKM (Mridula Mishra, J.)