IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1473 of 2007 DR.MAMUNUR RASHID AFSAR son of late Sayed Md. Ali, Reader in Zoology, A. N. College, Patna, resident of Krishnapuri, Police Station Krishnapuri, district Patna. Versus 1. THE MAGADH UNIVERSITY, Bodh Gaya, District Gaya, through its Registrar. 2. The Vice Chancellor, Magadh University, Bodh Gaya, District Gaya. 3. The Principal A.N. College, Boring Road, Police Station Krishnapuri, District Patna. 4. The Bihar State (Constituent) College, Service Commission Bailey Road, Patna-1, through its Secretary. ----------- 2 29.09.2010 Heard the parties. Prayer of the petitioner in this writ application reads as follows:- “That this application is for a direction to the Respondent authorities to give promotion to the post of University Professor of Zoology with effect from the due date in the circumstance set forth below.” Mr. Najmul Hoda, learned counsel for the petitioner would point out that the petitioner is fully qualified and eligible for being promoted on the post of Professor in Zoology under merit-promotion scheme and has referred to paragraph nos. 11, 12, 13 and 14 of the writ application containing clear averment as with regard to the petitioner fulfilling the requisite criteria for grant of merit-promotion. Mr. Hoda has also pointed out that the petitioner at least on two occasions had also submitted his applications for consideration of his case for merit-promotion, i.e. on 12.12.1997 and 18.4.006 but the authorities of the University had taken no 2 steps for considering the case of the petitioner for merit- promotion. As usual, there is no counter affidavit filed by the University. This Court must record its displeasure as with regard to the continuing attitude of the authorities of Magadh University in contesting its litigation. Such deliberate or even negligent act would be only reflective of their clear attempt to over reach the process of judicial review amounts to interference in dispensation of justice by this Court. Such callous attitude of the University can no longer be condoned by this Court. Mr. Sinha, learned counsel appearing on behalf of the University however assures this Court that the case of the petitioner will be considered by the competent authority of the University within a period of six months from the date of receipt/production of a copy of this order and therefore, for the time being this matter is closed by recording a warning against the Vice Chancellor and the Registrar of the University, and it is made clear that if in future in any other case of the University the counter affidavit is not filed within a period of three months from the date of service of copy of its counsel the Vice Chancellor and the Registrar of the University will be personally responsible for being proceeded for contempt for causing interference in justice dispensation system. The respondents, in view of the undertaking of their counsel, are directed to consider the case of the petitioner and take 3 a final decision as with regard to claim for merit-promotion of the petitioner within the aforementioned period of six months and in the event such merit promotion is given to the petitioner, he shall also be entitled for consequential financial benefits as per rules, but if for any reason the case of the petitioner for merit promotion is rejected, the respondents will be under obligation to give reasons for such rejection. With the aforementioned observations and directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)