IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1153 of 2002 MITHLESH KUMAR SINGH, S/O LATE RAM DAS SINGH, LABORATORY ASSISTANT AGRICULTURAL RESEARCH INSTITUTE PATNA. ……………PETITIONER. Versus 1. RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR, THROUGH THE VICE- CHANCELLOR. 2. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURAL UNIVERITY, BIHAR, PUSA, SAMASTIPUR. 3. THE DIRECTOR OF ADMINISTRATIOIN, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 4. THE REGIONAL DIRECTOR, AGRICULTURAL RESEARCH INSTITUTE, PATNA. ……………RESPONDENTS. ----------- 9 19.05.2010 From the supplementary counter affidavit filed by the respondents, it appears that at the time of holding limited competitive examination for appointment from class-IV post to class-III post, only 9 posts of Clerk and 5 pots of Lab Assistant were available, out of which 50% posts were reserved for promotion. Thus four posts of Clerk and two posts of Lab Assistant became available for appointment from class-IV to class-III post on the basis of said examination. As per the result of the examination, the merit list was prepared in which petitioner was at serial no. 5 and four incumbents who were above in the merit list were appointed on the post of clerk in the higher scale whereas the petitioner was appointed as 2 Lab Assistant in the lower scale. In the circumstances, the claim of the petitioner that he also ought to have been appointed on class-III post in the same scale as the other four incumbents who were higher in the merit list, does not appear to have any merits. The writ application is, accordingly, dismissed. Arvind/ (J. N. Singh, J.)