IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2767 of 2006 Tribhuwan Thakur, Son of late Laxmi Thakur, Resident of Santi Nagar, P.O. Digha, P.S. Danapur, Dist. Patna. -------- Petitioner Versus 1. The State of Bihar. 2. The Chancellor, Magadh University, Bodh Gaya, Bihar. 3. The Vice Chancellor, Magadh University, Bodh Gaya, Bihar. 4. The Registar, Magadh University, Bodh Gaya, Bihar. 5. The Professor-in-charge, B.S. College, Danapur, Dist. Patna. 6. Shri Ramesh Rajak, Assistant B.S. College, Danapur, Patna. --------- Respondents ----------- 2 25.08.2010 No one appears on behalf of the petitioner. Counsel for the University is present. In this writ application, the prayer of the petitioner in this writ application reads as follows:- “1. That this is an application for issuance of appropriate writ(s)/ order(s)/direction(s) directing the respondent authorities to promote the petitioner as head assistant/clerk which has fallen vacant on account of retirement head assistant and further give charge of the head assistant of B S College to the petitioner. That it is further prayed to quash letter dated 1/2/2006 by which the application for giving charge to the post of head clerk was refused by the respondent no.5. That it is 2 further prayed to cancel the order directing the respondent no.6 to take the charge of the post of head assistant/clerk as he is much junior to the petitioner. And it is further prayed to grant any consequential benefit for which the petitioner is found to be entitled under the facts and circumstances of the case.” With regard to the aforementioned prayer, counsel for the University would point out that the claim for promotion of the petitioner from the post of Assistant to the post of Head Clerk, infact, has remained pending on a reference made by the Principal of the College as would appear from the letter dated 1.2.2006. He, however, in absence of any counter affidavit, would not be in a position to answer as to whether such reference made by the Principal with regard to the consideration of the case of the petitioner has already been disposed of by the University or not. One thing, however, is clear from reading of Annexure-1, the order of the Principal sought to be assailed in this writ application, that the petitioner is not a Graduate and, infact, the Principal of the 3 College has held that in view of the petitioner having only Intermediate qualification, he would not be eligible for promotion on the post of Head Clerk. As noted above, there is no counter affidavit even with regard to the qualification required for holding the post of Head Clerk by way of promotion. In that view of the matter, all that this Court can do is to direct the Vice Chancellor of the University to consider the case of promotion of the petitioner as referred to by the Principal of the College of B.S. College, Danapur in his letter no. 48/06 dated 1.2.2006 (Annexure-1). Such consideration by the Vice Chancellor of the University must be made within a period of six months from the date of receipt/production of a copy of this order. It is, however, made clear that if the aforesaid reference of the Principal of the College with regard to consideration of case of promotion of the petitioner has already been decided by the University, there would be no need to make a fresh exercise for 4 it. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)