IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.628 of 2008 DR.UPENDRA PRASAD SHARMA Versus THE T.M.BHAGALPUR UNIVERSITY & ORS ----------- For the appellant : Mr. Shailendra Kumar Singh, Advocate For the Respondents : Mr. A.K. Keshri, Advocate ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------- Dated, the 4th September, 2008. The Single Judge disposed of the writ petition by the following direction : “The Counsel for the petitioner has therefore prayed that this Court should direct the University and its Selection Committee to consider the case of promotion of the petitioner. This Court keeping in view this limited prayer of the petitioner would therefore direct the University and its Selection Committee to consider that very pending issue of promotion of the petitioner in a period of six months from the date of receipt/production of a copy of this order and pass a reasoned order in case it chooses to hold and decide that the petitioner was not entitled for promotion on the post of the Professor.” 2. The counsel for the appellant submits that necessity of this appeal arose because of certain observations made in the body of the order. 3. The counsel for the T.M. Bhagalpur University submits that the case of the appellant, as directed by the Court, for promotion - 2 - shall be considered in accordance with law. 4. In this view of the matter, we clarify that any observation made in the impugned order about the merit of the appellant’s claim were intended for the purpose of consideration of the writ petition only and such observation/s shall not influence the consideration of the appellant for promotion on the post of Professor which, obviously, will be done in accordance with law. 4. Letters Patent Appeal is disposed of accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/