IN THE HIGH COURT OF JUDICATURE AT PATNA -------------- Letters Patent Appeal No.773 of 2011 Appeal against the judgment and order dated 23-2-2011 passed in C.W.J.C. no. 1763 of 1998 by a Bench of this Court. --------- 1. Dr.Vibhu Priyadarshi, son of Shri Brij Kishore Prasad, Quarter No. IPW-8, P.M.C.H. Campus, Patna ...................................................................... Appellant Versus 1. The State Of Bihar through the Commissioner and Secretary, Health Medical Education and Family Welfare Department, New Secretariat, Vikash Bhawan, Patna ( respondent no.1 in the writ petition) 2. Deputy Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar, New Secretariat, Vikash Bhawan, Patna 3. Dr.A.K.Gupta, name of father not known to the appellants, Assistant Professor ( Cardiology), Darbhanga Medical College, Darbhanga 4. Dr. Kameshwar Prasad, name of the father not known to the appellant, Asst. Professor (General Medicine), Patliputra Medical College, Dhanbad. 5. Dr. Ramdeo Sahu, name of the father not known to the appellant, Assistant Professor (Paediatrics),Patliputra Medical College, Dhanbad 6. Dr. Shankar Pd. Sinha, name of the father not known to the appellant, Assistant Professor (General Surgery), Patliputra Medical College, Dhanbad 7. Dr Sudhir Kumar Singh, son of late Lakhneshwar Singh, Village- Barauni ( West Tola ), District- Supaul. 8. Dr. Ram Shankar Sinha, Son of late Kailash Bihari Sinha, Associate Professor ( General Medicine ), Patliputra Medical College, Dhanbad. 9. Dr. Indudhar Narain Jha, Son of Late Jagdhar Jha, New Colony, Jagjivan Nagar, P.S. Saraidhela, District- Dhanbad 10. Dr. Sambhu Nath Jha, Son of Late Sita Ram Jha, Associate Professor ( Paediatrics ), Patliputra Medical College, Dhanbad.......................................Respondents ------------- 2 For the appellant Mr. Chitranjan Sinha,Sr.Advocate, Mr. R.N.Mukhopadhya,Advocate For the State :- Mr. Shashi Bhushan Kumar,SC-7 3 25-8-2011 Heard learned counsel for the appellant and learned counsel for the State. The factual position which emerges from the submissions is that the appellant is presently an Associate Professor in General Medicine in Patna Medical College and Hospital at Patna and his rival, respondent no.3, Dr.A.K.Gupta is presently a Professor in Cardiology which is supposed to be part of General Medicine at Darbhanga Medical College and Hospital. The appellant is aggrieved by part of the judgment and order under appeal whereunder he has been treated to be junior to Dr. Gupta. It has been contended that in the panel of 1987 which was notified in the year 1990 for the post of Assistant Professor this appellant was at serial no.2 whereas 3 Dr. Gupta was at serial no.3 and therefore that seniority should be respected even in the higher posts of Associate Professor and Professor. The claim of the appellant in the writ petition was for expeditious completion of process of promotion to the post of Professor in P.M.C.H. His rival had opted for Darbhanga Medical College and Hospital and now there is apparently no clash of interest between the two. Hence, we are of the considered view that the present case has become academic but justice requires that liberty be granted to the appellant that if he is promoted to the post of professor and faces any problem on the basis of seniority, he may re-agitate the issue of seniority between him and respondent no.3 through appropriate proceeding. So far as the prayer of the appellant for early consideration of his case for promotion to the post of Professor is concerned, the writ court has already noted the stand of the State at 4 more than one place and has observed that the State will come alive to their responsibility in this regard and take necessary actions expeditiously. We need not reiterate the same direction again and again. It is expected that the State shall honour its stand noted by the writ court and also its responsibility. In case of inordinate delay in promotion, the appellant would be at liberty to take all the required steps including approaching the writ court on the ground of disregard of the observations made by the court. The appeal is disposed of accordingly. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey, J)