IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.16059 of 2006 Pandey Ramayan Pd.Sharma, son of late Pt. Kamla Pd. Sharma, resident of Registry Office, Road, Jaya Patti, P.O. Dalsingsarai, District Samastipur … Petitioner Versus 1. The State Of Bihar through Department of Higher Education, Govt. of Bihar, Old Secretariat, Patna 2. L.N.Mithila University, Kameshwar Nagar, Darbhanga through the Registrar 3. Bihar State University (Constituent Colleges) Service Commission, North S.K.Puri, Patna-13, through the Secretary … Respondents ---------------------------------- 4. 4.8.2011 Heard Mr. B.K.Shukla, learned counsel for the petitioner and Mr. Partha Sarthy, learned counsel for L.N.Mithila University as also learned counsel for the State. The grievance of the petitioner as against the impugned order dated 11th May, 2006 as with regard to the date of his promotion on completion of 25 years of service as University Professor is only based on his assertion that the College in question, namely, R.B.College, Dalsingsarai was an affiliated College of Bihar University since the year 1960 but then the Bihar State University (Constituent Colleges) Service Commission while passing the impugned order dated 11.5.2006 had proceeded to treat the aforesaid College affiliated only from 1963-64 Session. The petitioner, thus, is aggrieved as with regard to his date of promotion with effect from 1.6.1988 which in his view ought to have been 1.6.1985. On the last occasion as this Court had found that the order of the Commission was based on the instruction/ information furnished by L.N.Mithila University, to which this College was affiliated after bifurcation of Bihar University, Mr. Partha Sarthy 2 appearing on behalf of the University was requested to take instructions and file a counter affidavit as with regard to the date of affiliation of the College. Though Mr. Partha Sarthy, who has not been able to file a counter affidavit and in the opinion of the Court rightly so, because of vague nature of instruction, the stand taken by the University in its letter to Mr. Partha Sarthy, a copy whereof has been furnished by him to this Court and is being kept on record, would go to show that while the Law Officer of the University has informed the learned counsel for the University that the affiliation of degree (Graduation level) was granted by the Bihar State University Commission with effect from 1963-64, the documents annexed with the said letter gives a different story altogether. In fact there are two documents annexed to the said letter, one being letter of the Bihar University bearing No. B/11713 dated 19.4.1963 which is also annexed as Annexure 9 to the writ application and the other letter of the Bihar University bearing No. B/16084 dated 13.6.1963. In both the letters there is a clear indication that the College was affiliated even prior to 1963- 64 and only extension of such affiliation was granted in the year 1963. In that view of the matter, it would not be safe to presume much less conclude that the College in question was affiliated from the year 1963. As a matter of fact as the promotion of the petitioner would squarely depend on completion of 25 years of service from the date of affiliation of the College and the University has no definite information as with regard to this fact, the Registrar of the 3 Surendra/ University may make enquiry from the Bihar University as with regard to actual date/ year of affiliation of the College and consequently take a fresh decision for grant of promotion to the petitioner. In view of the fact that this much has become clear that a decision taken by the Commission in the impugned order dated 11th May, 2006 was based on an incorrect information given by the University, the recommendation for granting promotion to the petitioner with effect from 1.6.1988 is hereby quashed and the University is directed to take a fresh decision as with regard to the date of promotion of the petitioner. In doing so the University may take also into account that another teacher of the same College, namely, Ash Narayan Sharma had been granted promotion on the post of University Professor under 25 years Time Bound Scheme with effect from 5.8.1985 which would not have been possible if the College was affiliated from 1963. Be that as it may, this Court would expect the University, which now has the power of the Commission, to take its final decision as with regard to grant of promotion to the petitioner on the post of University Professor with effect from the due date on which he would be entitled to get such promotion. Such decision must be taken by the university within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha,J.) 4