PARTHA SARTHY, J.:–Heard learned counsel for the petitioner and learned Additional Advocate General no. 3 for the respondents.

2. The petitioner has filed the instant application for the following reliefs:—

“(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the decision of State Remission dated 21.8.2019, so far it relates to the petitioner, whereby and where under the State Remission Board has been pleased to reject the proposal of the petitioner for his pre-mature release pursuant to the clause-(iv) (ka) of Notification No. 3106 dated 10.12.2002 on the ground that Notification No. 3106 dated 10.12.2002 is not applicable in the case of the petitioner since the petitioner was convicted on 25.9.2006 but the Notification No. 3106 dated 10.12.2002 acted upon only after 02.07.2007 as held by the Division Bench of this Hon’ble Court in catena of decisions.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to consider the case of the petitioner for grant pre-mature release pursuant to the 1984 provision contained in memo no. 550 dated 21.01.1984 in connection with Sessions Trial No. 827 of 2004/117 of 2004 arising out of Dalsingsarai P.S. Case no. 39 of 2004 on the ground that the petitioner had already completed more than 15 years of his physical incarceration and more than 20 years with remission.

(III) For issuance of any other appropriate writ/writs, order/orders direction/directions for which the writ petitioners would be entitled under the facts and circumstances of the case.”

3. The case of the petitioner in brief is that the petitioner was convicted vide judgment and order dated 25.9.2006 under sections 302 and 376 of the Indian Penal Code in Sessions Trial no. 827 of 2004/117 of 2004 and was sentenced to death by the learned Additional Sessions Judge, Fast Track Court No. II, Samastipur. The petitioner preferred Cr. Appeal no. 1128 of 2006 in the Patna High Court which was heard along with Death Reference no. 7 of 2006 and by judgment dated 4.1.2008 the Division Bench of this Court, though upholding the conviction of the petitioner converted the capital punishment of death to life imprisonment. The petitioner having completed 14 years 11 months 20 days of physical incarceration and 19 years 11 months 16 days with remission requested the Jail Superintendent, Special Central Jail, Bhagalpur to send the proposal for his premature release to the State Remission Board. Thereafter, the petitioner filed Cr.W.J.C no. 1105 of 2019 which was disposed of by order dated 20.8.2019 in view of the stand taken therein by the respondents that the matter of the petitioner shall be put up before the Remission Board in its next meeting for consideration. The matter of premature release of the petitioner was placed before the State Remission Board in its meeting dated 21.8.2019 but the same was rejected by the Board in view of clause (iv)(ka) of the Notification no. 3106 dated 10.12.2002 of the Home (Special) Department, Bihar.

4. It is submitted by learned counsel for the petitioners that the said rejection is illegal and contrary to law. So far as the case of the petitioner is concerned, it was on 29.6.2007 that amendment in the 1984 policy was brought about and the same was communicated to all the District Magistrates and the Jail Superintendent by letter no. 4125 dated 2.7.2007. It was only thereafter that the Remission Board started taking steps for premature release of the convicts. Prior thereto it was the jail authorities who were taking a decision with respect to premature release of the prisoners in terms of the policy dated 21.1.1984. It is further submitted by learned counsel appearing for the petitioner that it was only for the first time by notification dated 9.4.2018 that the Bihar State Sentence Remission Board was constituted. The