IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11476 of 2005 SHRI NIWAS TRIPATHI, SON OF LATE BABU RAM TRIPATHI, RESIDENT OF CHAKIA MALHIPUR, P.S. BARAUNI, DISTRICT BEGUSARAI, AT PRESENT POSTED AS LECTURER IN RAJKIYA AYODHYA SHIVKUMARI AYURVED COLLEGE, BEGUSARAI, DISTRICT BEGUSARAI. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, HEALTH, MEDICAL EDUCATION & FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE ADDITIONAL COMMISSIONER, HEALTH, MEDICAL EDUCATION & FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DEPUTY SECRETARY, HEALTH, MEDICAL EDUCATION & FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE DIRECTOR, DESHI CHIKITSA, DIRECTORATE OF INDIGENOUS SYSTEM OF MEDICINE, BIHAR, NEW SECRETARIAT (VIKASH BHAWAN), PATNA. ------------------------------------------------------------------------------------------ OPPOSITE PA RTIES ******** 3 4.2.2011 The petitioner has filed this writ application seeking promotion on the post of Reader in Rajkiya Ayodhya Shiv Kumari Ayurved College, Begusarai. According to the petitioner his name has been recommended by the Principal and was to be considered for promotion to the said post. A counter affidavit has been filed and at paragraph 5(ii) of the counter affidavit, the stand taken on behalf of the Deputy Director (Homoeo), Directorate of Indian Medicine, Bihar is that “For promotion on the post of Reader from Lecturer, the candidate should possess post graduate degree in subject concerned alongwith at least five years teaching experience as lecturer in the same subject vide Govt. resolution no. 576, dated 19.6.91. Petitioners have obtained above qualification and their claim for promotion is under consideration. Formalities for promotions, roster clearance for reservation, clearance of 2 Lokayaukta & Vigilance etc. have been completed and matter is ready for being placed before Departmental Promotion Committee who has to consider the matter of promotion as per rules. If D.P.C. finds petitioner fit for promotion on the post of Reader and recommends accordingly, they will be promoted after taking approval of the competent authority.” This affidavit has been filed sometime in the year 2006. It is expected that the formalities have been completed if the college is still recognized by the State Government. I accordingly direct that if no decision has been taken by the respondents, they should do so expeditiously preferably within a period of four months from the date of receipt of a copy of this order. This writ application is disposed of with the aforesaid direction. Sanjay ( Sheema Ali Khan, J.)