IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9068 of 2006 SHRI RAJENDRA PRATAP SINGH, s/o Late Kedar Nath Singh, resident of village+Post- Pasaur, PS- Charpokhari, District- Bhojpur at present reside- Mohalla-Hari Jee Hata, PO + PS- Nawada (Arrah), District- Bhojpur. … Petitioner. Versus 1. THE VEER KUNWAR SINGH UNIVERSITY, Arrah through its Vice- Chancellor. 2. The Registrar, Veer Kunwar Singh University Arrah. 3. the Principal, Maharaja College, Arrah. … Respondents. ----------- 3. 01.10.2010 On the last occasion, this Court noticing that for adjudication the following prayer of the petitioner in this writ application:- “(1) (a) For the issuance of writ in the nature of mandamus or any appropriate writ/writs, order/orders, direction/directions commanding to the respondents authority to consider the case of the petitioner for promotion to the post of College Librarian in the pay- scale of Rs.6500-200-10,500/- with effect from February, 1996, which is still vacant sanctioned post in the Maharaja College, Arrah and the petitioner also hold the additional charge of College Librarian from 31 January 1996.” it would be necessary to have not only the counter affidavit but also the order of the respondents dated 2.3.2006 by which the claim of the petitioner for his promotion was rejected, had directed the University to file its counter affidavit as would be apparent from the 2 following portion of the order of this Court dated 1.9.2010; “Having heard counsel for the petitioner and counsel for the University, this Court would direct the respondents to bring on record the copy of the order dated 2.3.2006 by which the promotion of the petitioner, while he was in active service before his retirement on 30.6.2009, was considered and rejected. Let such counter affidavit be filed within a period of two weeks, whereafter, it would be open for the petitioner to assail the same by filing an interlocutory application in next two weeks. List this case after four weeks at the same position.” Unfortunately neither any counter affidavit has been filed by the University nor its counsel has appeared to assist this Court. In that view of the matter, when there is a complete silence on the part of the respondent University as with regard to consideration of the case promotion of the petitioner, all that can now be done is to direct the University to consider the grievance of the petitioner relating to his promotion on the post of Librarian in his college within a period of six months from the date of receipt/production of a copy of this order. It is, however, made clear that this Court has not 3 expressed any opinion on the merit of such claim of the petitioner and has simply remitted the matter back because the University as usual has not chosen to explain its case before this Court. Such exercise however must be completed by the University within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)