The High Court of Patna dismissed a writ petition seeking a direction to decide a representation application for promotion to the post of University Professor. The Benched held that such schemes are for the institution, not individuals, and no direction could be made at this stage.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3188 of 2022
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Dr. Shiv Deepak Sharma Son of Late Ramjanam Sharma Resident of Railway Line ke Pass, Damuchak Muzaffarpur 842001, Working on Post of Associate, Professor Department of Sanskrit, L.S. College Muzaffarpur Constituent College of B.R. Ambedkar, Bihar University Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Rajesh Dayal, Adv. For the State : Mr. Umesh Narayan Dubey(Gp27) For the University : Mr. Sanjeev Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.
The petitioner has prayed for disposal of his representation application dated 17.12.2019 for promotion to the post of University Professor under the Merit Promotion Scheme.
Learned counsel for the petitioner submits that a
direction be given to the respondents to decide the
Patna High Court CWJC No.3188 of 2022(2) dt.21-03-2022 2/2
representation.
I have considered the submission, Merit Promotion Scheme / (CAS) Career Advancement Scheme is a scheme to be initiated by the University for all Assistants / Associate Professors, the same cannot be for individual persons alone. The petitioner has already applied as and when the University has taken a decision to implement its notification for providing merit promotion. The case of the petitioner would have to be considered at that stage, no direction of the nature, as prayed for by the petitioner, can be made.
The writ petition is misconceived and is accordingly dismissed.
(Sanjeev Prakash Sharma, J)
amitkumar/-
U
1 issue framed by the court
Whether the High Court could direct the respondents to decide the petitioner's representation application for promotion under the Merit Promotion Scheme at this stage.
Dr. Shiv Deepak Sharma
The State of Bihar
The Chancellor of Universities of Bihar
The B.R. Ambedkar Bihar University
The Vice Chancellor, B.R. Ambedkar Bihar University
The Registrar, B.R. Ambedkar Bihar University
Sanjeev Prakash Sharma
As recorded by the court registry
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