IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12450 of 2003 DUDHESHWAR RAI & ORS Versus THE STATE OF BIHAR & ORS ----------- 8/ 04/02/2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners claim promotion to the post of Sub-inspector of Police in the Bihar Military Police with effect from 1.7.1979 being the date from which their juniors have been promoted i.e. on Surya Kant Singh, Gandhiji Singh and Devendra Nath Singh. Promotion to the post of Sub-inspector is based on the gradation list drawn up on the post of Havildar which, in turn, counts seniority from the date of passing of the Junior Professional Examination and Senior Professional Examination. The petitioners claim themselves to be senior to the aforesaid three persons in the gradation list as shown on 10.4.1990. The respondent State urges that in the gradation list of 1983 Surya Kant Singh was senior to the petitioners as he passed the aforesaid examination in 1972 while the petitioners have passed the examination in 1975. To this Court, that clearly defeats the claim of the petitioners for seniority over 2 Surya Kant Singh to claim promotion from 1.7.1979. The respondents in their counter affidavit have specifically urged that Gandhiji Singh and Devendra Nath Singh were given out of turn promotion based on their excelling in sports and consequent to certain orders of this Court. The petitioners in their rejoinder to the counter affidavit have neither denied nor disputed that there was no legal sanctity for the respondents to grant out of turn promotion against the sports quota. This Court is, therefore, not satisfied that the petitioners have been able to make out a case of hostile discrimination for grant of promotion from 1.7.1979. There is no merit in this application. It is accordingly dismissed. KC/ ( Navin Sinha, J.)