IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8619 of 2008 Ashok Kumar Singh, son of Late Panchanand Singh, resident of Village , Agrahan, Police Station Kharagpur, District Munger, presently residing at I.B. Road, Kharagpur, Police Station Kharagpur, District Munger…Petitioner Versus 1. Tilka Manjhi Bhagalpur University, through its Vice-Chancellor, Bhagalpur-812007. 2. The Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur-812007. 3. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur-812007. 4. Hari Singh Mahavidyalaya, through its Principal, Haveli Kharagpur, Police Station Khagarpur, District Munger. 5. The Principal, Hari Singh Mahavidyalaya, Haveli Kharagpur, Police Station Khagarpur, District Munger. 6. Anirudh Pathak, son of Late Balbhadra Pathak, presently posted as Head Accounts Assistant and Head assistant, Hari Singh Mahavidyalaya, Haveli Kharagpur, Police Station Khagarpur, District Munger………………………………………………………………Respondents. --------- 3 19.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. Petitioner has challenged the order issued from the University, vide Annexure- 1 by which one Anirudh Pathak has been posted and promoted as Head Clerk in H.S. College on the basis of his seniority. It is not disputed that the said A. Pathak is senior to the petitioner on the basis of length of service and is working in the same college. The only submission 2 of the learned counsel for the petitioner, made in challenge to the said order, is that the said Pathak belongs to Accounts Cadre and, therefore, he should not be promoted as Head Clerk. Hence, the petitioner being senior-most in Assistant Cadre should have been promoted. The impugned order does not show that the said A. Pathak belongs to Accounts Cadre. Learned counsel for the petitioner has also not been able to substantiate his submissions on the basis of any document on record nor he has been able to substantiate the submission on the basis of the Statute of the University to show that the said A.Pathak, even if at all he belongs to Accounts Cadre, is not eligible for promotion on the post of Head Clerk. In the circumstances, this Curt does not find any merit in this writ application. The same is, accordingly, dismissed. BT (J. N. Singh, J.)