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1999 Supreme(SC) 1305

R.P.SETHI, S.SAGHIR AHMAD
State Of Bihar: Ranchi University Ranchi – Appellant
Versus
Braj Kumar Mishra: Braj Kumar Mishra – Respondent


JUDGMENT

Sethi, J.-Leave granted.

2. Finding him eligible for promotion to the post of Professor under the time bound promotion scheme and being satisfied that the respondent No. 1 possessed the requisite qualification, the learned Single Judge of the High Court of Patna quashed the impugned notification dated 4.10.1996 and held the respondent No. 1 to have been promoted with effect from 1.2.1985 and not with effect from 1.6.1992. The Letters Patent Appeals filed were dismissed vide the impugned judgment in these appeals. The Appellants, the University and the State of Bihar are mainly aggrieved by the findings of the High Court in so far as it, after quashing the order of the Registrar, declared the respondent No. 1 to have been promoted with effect from 1.2.1985. It is urged that after setting aside the impugned notification in the writ petition, the matter should have been remitted to the authorities of the University for consideration of the case of the respondent No. 1 for promotion to the post of Professor.

3. It is not disputed that respondent No. 1 was appointed as Lecturer in the Department of Psychology in Doranda College on 16.8.1967 and he obtained the Ph.D degree on 14.2.

































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