IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15093 of 2007 Satyendra Kumar, son of late Yadubir Singh, resident of Village Masaurhi, Road, Masaurhi, P.S. Masaurhi, Dist. Patna, at present Adeshpal, Sent Girija Kunwar Uchch Vidyalaya, Masaurhi, Dist. Patna. --------- Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Director, Education Department, State of Bihar, Patna. 2. Deputy Director Education Department, State of Bihar, Patna. 3. District Education Officer, Patna. 4. The Head Master, Sent Girija Kunwar Uchch Vidyalaya, Masaurhi, Patna. -------- Respondents ----------- 2 28.11.2011 Having heard learned counsel for the petitioner and taking into account that stand of the respondent in its counter affidavit in paragraph no.6, reading as follows:- “6. That, it is stated and submitted that there is no provision to grant promotion to a class-4 employee directly to class-3 post considering his educational qualification. As per guidelines issued by the Human Resources Development Department vide memo no.335 dated 16.9.1992 for promotion to the post of clerk, it has been laid down that 50% of the said post will be filled up from amongst the fourth grade employees through competitive examination. Thus, the relief sought for by the petitioner in this writ petition cannot be granted as per aforesaid guidelines of the Human Resources Development Department. The petitioner is only eligible for promotion to the post of class-3 2 employee only after participating and getting success in the competitive examination.” this Court would direct the competent authority to now consider the grievance of the petitioner in the light of the later Government Instruction. Such grievance of the petitioner relating to his promotion from Class-IV to Class-III post will be considered with all other eligible persons strictly in accordance with law and a final decision as per the prescribed procedure will be taken within a period of six months from the date of receipt/production of a copy of this order. Let it, however, be made clear that this Court has not decided the question on merit and has only gone by the stand of the respondent who has also not denied the claim of the petitioner for promotion but only has pointed out to the observance of the prescribed procedure. In the light of the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)