JUDGMENT

Prabhat Kumar Singh, J. - Heard Mr. Ashok Kumar Sinha, learned Senior counsel for the appellant as well as Mr. Shashi Shekhar Tiwary, learned Assistant counsel to AAG 15 for the State.

2. Instant Letters Patent Appeal is directed against the judgment dated 20.11.2018, passed in C.W.J.C.No. 135 of 2015, by which the learned Single Judge has dismissed the writ petition.

3. Writ petition had been filed for issuance of writ of mandamus commanding the respondents to appoint the petitioner on the post of clerk against 25% posts of Clerk reserved for the 4th Grade in the Extremely Backward Category (EBC) which was still vacant. Writ petitioner had also prayed for a direction to the State officials to start selection process after ascertaining from their own level the numbers of vacant posts to be filled up from Class IV employees. During pendency of the writ petition, the petitioner superannuated on 31st August, 2018 from the post of Orderly peon, as such, Interlocutory Application No.8064 of 2018 was filed for making amendment in the relief portion of the main writ petition, which are as follows:-

(i) A mandamus commanding the respondent to appoint the petitioner by way of notional promotion on the post of Lower Division Clerk against 15% post to be filled up from the employees of Group D category with all monetary benefits and consequential reliefs.

(ii) For issuance of a writ of certiorari to quash the order as contained in memo no. 2874, Madhubani dated 10.9.2016 issued under the signature of District Programme Officer (Establishment), Madhubani and the District Education Officer, Madhubani, whereby as many as ten Orderly peons were appointed by way of promotion to the post of Lower Division Clerks in the pay band PB 1 5200-20200 Grade pay 1900 together with admissible allowances to the post from the date of their joining on the basis of the decisions taken in the meeting of District Promotion Committee dated 10.9.2016.

(iii) For any other relief to which the petitioner is found entitled to.

4. It was the case of the petitioner in the writ petition that pursuant to his appointment on the post of Orderly by an order dated 12.1.1978, issued by the Secretary of the then Managing Committee of the School in question, the petitioner joined on the aforesaid post on 16.1.1978. As per the petitioner, he was entitled for exemption from passing of the computer examination, his claim was not considered for promotion on the post of Lower Division Clerk (LDC) and ultimately, he superannuated from the post of Peon with effect from 31.8.2018. Petitioner's claim has been rejected by the State as well as the Writ Court on two grounds. Firstly, the appellant did not qualify the requisite test examination of computer operation and knowledge of computer typing held by the District Promotion Committee, Madhubani on 2.9.2016 at the District Computer Center Society, Madhubani. In the said examination, appellant had obtained 0.5 marks out of 30 marks in the computer operation and 0 mark out of 20 marks in the computer typing and thus total 0.5 marks out of 50 marks. Secondly, he was not fulfilling the requisite qualification/criteria of having proficiency in Computer test and knowledge of Computer typing.

5. Learned counsel for the appellant, while assailing the impugned judgment, has advanced three fold submissions. Firstly, the writ court has failed to take note of the State Government's amendments vide Notification No. 14227 dated 29.2013 & Notification No. 6561 dated 20.5.2014, made in the Bihar Collectorate, Clerk Cadre (Recruitment & Service Conditions) Rules, 2011, by which the petitioner, whose name was appearing at Serial No.3 in the seniority list, was required to be appointed by way of promotion on the post of LDC without taking examination as per amended Rules (2014 of 2011 Rules). Secondly, the exercise of conducting examination dated 2.9.2016 in which the petitioner was declared unsuccessful, was illegal and in contravention of the