(1) THIS is an appeal preferred by the appellant, who is a Lt. Colonel in the Indian Army, against the judgment of the High Court of Patna in C.W.J.C. No. 8083/94 dated 18.2.1997. The writ petition filed against that judgment was dismissed by the learned Chief Justice of the Patna High Court, Justice D.P. Wadhwa (as he then was) and learned Justice Radha Mohan Prasad, the other Judge of the Bench, writing separate judgment. So far as the judgment of the learned Chief Justice is concerned, it states that the non- promotion of the appellant along with his batchmates who were promoted in 1990, could not be interfered with in writ jurisdiction and that the fresh assessment that was made pursuant to an earlier direction of the High Court in C.W.J.C. No. 175/1992 dated 25.3.1994 could not be interfered with under writ jurisdiction. The other learned Judge in his separate judgment, made certain observations stating that the appellants previous records were good and that the appellant otherwise deserved promotion but the learned Judge said, in writ jurisdiction he could not interfere, because it would amount to a review of the decision of the Selection Committee, as an appellate au