IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12813 OF 2005 ANIRUDH CHOUDHARY, SON OF LATE MAHABIR CHOUDHARY, RESIDENT OF NAYA BAZAR SAHARSA WARD NO. 13/6, POLICE STATION SAHARSA, DISTRICTR SAHARSA ……………………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE B. N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA THROUGH ITS VICE CHANCELLOR 3. THE VICE CHANCELLOR, B. N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA 4. THE REGISTRAR, B. N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA 5. THE PRINCIPAL, M. L. T. COLLEGE, SAHARSA 6. SACHHIDANAND CHOUDHARY, PEON, M. L. T. COLLEGE, SAHARSA 7. BRAJENDRA LAL DAS, THE THEN PEON M.L.T. COLLEGE SAHARSA ……………………………………………………………………….RESPONDENTS ********* 5 10/02/2011 The petitioner who is the Class-IV employee in the B. N. Mandal University has claimed that he should be promoted on a Class-III post on the ground that some persons who were appointed on compassionate ground have been appointed on Class-III posts by the Syndicate. Promotion should given in accordance with the vacancy and taking into account the quota allotted for promotion and not merely on the ground that someone else was appointed on Class-III post. The petitioner may, if so advised, file a representation before the Vice Chancellor of the B. N. Mandal University, Madhepura. If such a representation is filed by the petitioner, then the Vice Chancellor of the B. N. Mandal University shall consider the aforesaid observation before taking any decision in the matter. 2 This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )