IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.9677 OF 2004. BANGALI PASWAN, S/O LATE PARAN PASWAN, R/O MOHALL RAM NAGAR, POLICE STATION JAKKANPUR, DISTRICT PATNA. …………………PETITIONER. VERSUS 1.THE RAJENDRA AGRICULTURAL UNIVERSITY, THROUGH THE REGISTRAR, PUSA, SAMASTIPUR, HAVING HIS OFFICE AT PUSA, SAMASTIPUR. 2.THE VICE CHANCELLOR, RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, SAMASTIPUR. 3.THE DIRECTOR ADMINISTRATION, RAJENDRA AGRICULTURAL UNIVERSITY HAVING HIS OFFICE AT PUSA, SAMASTIPUR. 4.THE REGIONAL DIRECTOR AGRICULTURAL RESEARCH INSTITUTE, MITHAPUR FARM, PATNA UNDER RAJENDRA AGRICULTURAL UNIVERSITY. ………………………RESPONDENTS. ---------------------------------- 04/ 13.12.2011 Heard counsel for the parties. The issue involved in this writ application having been noted in the order 08.02.2005, relevant portion whereof reads as follows:- “Prayer of the petitioner is for appointment to a class III post. Said prayer has been rejected by the impugned order on the ground that petitioner wants to be promoted without appearing in the limited competitive Test Examination, provided by the respondent Rajendra Agricultural University. Mr. Dayal sated that according to the resolution of the respondent/ University no such examination is necessary and promotion hast to be effected on the basis of seniority. Nothing has been placed on record to substantiate that, Mr. Dayal prays 2 for time.” and the counsel for the petitioner having not filed any further affidavit in justification of his aforementioned claim as noted in the order dated 08.02.2005, this Court will have no option but to dismiss the writ application, inasmuch as, the same issue has already been decided by this Court in the case of Bishwanath Singh vs The Rajendra Agricultural University in C.W.J.C No. 3436 of 2004 disposed on 22.11.2011, wherein it was held as follows:- Having heard counsel for the petitioner and the counsel for Rajendra Agriculture University (R.A.U.) as with regard to the following relief: “That this is an application for issuance of writ in the nature of mandamus to command the respondents consider the case of the petitioner for promotion to the post of Laboratory Assistant in the pay scale 975-1540 with effect from 1.7.1991 with consequential.” and the admitted position that the post on which the petitioner seeks his promotion has the prescribed requisite qualification of matriculation, which the petitioner did not possess, there would be no difficulty in holding that the relief sought by the petitioner 3 in this writ application is wholly misconceived. Mere seniority would not make the petitioner entitled for holding the post of Laboratory Assistant, if under the Statutes of R.A.U. the minimum requirement for holding such post of Laboratory Assistant is matriculation. Admittedly the petitioner did not possess the requisite qualification, therefore, he cannot claim promotion on the said post. Counsel for the R.A.U. has correctly pointed out that when the petitioner was not given such regular promotion on the higher post on account of his being not qualified for such post, he was allowed the benefit of time bound promotion in his own post. That being so, this application is wholly misconceived and is, accordingly, dismissed. The case of the petitioner being no different and in fact fully covered by the case of Bishwanath Singh (supra) will also have the same result. That being so, this application is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)