IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.603 of 2011 RAM LAL PRASAD SON OF SRI SURYADEO PRASAD SINGH RESIDNET OF SHERPUR (GANGAHARA), P.S. MANER, PATNA AT PRESENT WORKING AS ASSISTANT SUB INSPECTOR, EXCISE C/O. SUPERINTENDENT OF EXCISE, PURNEA. Versus THE STATE OF BIHAR & ORS . ----------- 2 23/06/2011 Despite submission of the learned counsel on the question of discrimination in the matter of grant of promotion on the post of Sub Inspector (Excise), the Court is of the opinion that he has come to the Court prematurely in the sense that he does not get a right for promotion in due course because promotion is subject to fulfillment of certain conditions and requirements laid down by the Department. One of those conditions seems to be that the candidate must pass the departmental examination to become eligible in addition to other reasons. Admitted position is that despite reaching more than 50 years of age, petitioner has not been able to pass all the papers of the departmental examination and now he declares himself to be incapable of passing such - 2 - examination and, therefore, he should be granted exemption from passing the departmental examination because he has already reached the age of 50 years. There is a provision for exemption but the exemption has to come from the department. Application for grant of exemption is contained in annexure-5 and is addressed to the Excise Commissioner, Government of Bihar and is dated 11.01.2010. Since the grievance of the petitioner is that other similarly situated as well as junior persons have been given exemption and thereafter promotion, his case should be considered as well. Since the department is the custodian of all the records, therefore, the department knows best. This writ application is disposed of at this stage with a direction to the Commissioner of Excise, Bihar, Patna (respondent no. 3) that taking cognizance of annexure-5, he will communicate his decision on the question of exemption. If the exemption is granted and petitioner fulfills other requirements for promotion, a decision in this regard would be taken preferably within a period of four months from the date of communication or - 3 - production of a copy of this order. This writ application stands disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)