IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12230 of 2008 DR.BIMAL KUMAR ROY SON OF PROF.SARJOO PRASAD ROY, R/O KALAMBAGH ROAD, NEAR PARWATI CINEMA,P.O. RAMANA, P.S.KAZI MOHAMMADPUR, TOWN AND DIST-MUZAFFARPUR. Versus 1.THE STATE OF BIHAR 2.The Secretary, Department of Health-cum-Medical Education, and Family Welfare, Govt.of Bihar, New Secretariat, Patna. 3. The Joint Secretary,Department of Health, Govt.of Bihar, New Secretariat, Patna. ----------- For the petitioner:-Mr.Pushkar Narain Shahi, Adv For the State:- JC to SC-10. 4/ 10-Nov-08 Heard learned counsel for the petitioner and learned counsel for the State. By the impugned order contained in Annexure-4 dated 4.8.2008 petitioner has been posted at Darbhanga Medical College Hospital, Laheriasarai from his present place of posting at Sri Krishna Medical College and Hospital, Muzaffarpur. Another person Dr. Sushil Kumar Jaiswal has also been posted by the same order from Nalanda Medical College, Patna to the same place. The aforesaid order of posting is a consequence of an earlier order dated 23.5.2008 contained in Annexure-1 whereby the said Dr.Jaiswal and the petitioner were promoted to the post of Professor in regular pay scale. On behalf of the petitioner order of posting has been challenged on the ground that he opted for being allowed to continue at 2 Muzaffarpur but such option has been arbitrarily rejected. On behalf of the State a counter affidavit has been filed and a stand has been taken that in Bihar Post Graduate teaching in concerned Department of E.N.T is conducted only at two places, one in DMCH at Laheriasarai and the other in PMCH and at both the places, as per policy decision of Government of Bihar regular senior Professors are required to ensure proper teaching in Post Graduate course in E.N.T. The principle of merit-cum-choice or seniority-cum-choice is to ensure that more meritorious person or senior person is given preference in matters of posting. No doubt, the said principle has been approved by a Full Bench of this Court. But the said principal is really attracted only where there are competing interests of two claimants for the same post. In the present case, there is no rival claimant for the post of E.N.T Professor at Muzaffarpur but the Government has not accepted the choice of the petitioner for Muzaffarpur where he is presently posted on the ground that regular Senior Professor is required to be posted in 3 DMCH, Laheriasarai and Patna Medical College and Hospital, Patna. Such a plea, in my view entitles the Government to post the petitioner to a place other than Muzaffarpur but since there are two places where the Government requires regular Senior Professors in E.N.T and therefore option has to be given to the two recently promoted Professors in E.N.T, including the petitioner in respect of available vacancies at Laheriasarai and Patna. In case, the two recently promoted Professors in E.N.T including petitioner exercise option for any of those two places it is expected that they shall be accommodated as far as possible keeping in view the principle of merit/seniority-cum-choice. It goes without saying that similar option must be given to the other recently promoted Professor, Dr.Jaiswal. It goes without saying that if the Government requires regular Senior Professors and it if wants to offer the two vacant posts at Darbhanga and Patna to a third Professor in E.N.T said to be working at Bhagalpur then it would be free to give an option of fresh posting to the third Professor at Bhagalpur. It is expected that such exercise after calling for 4 option from the petitioners and others as per this order shall be completed within a period of four weeks from today. Petitioner must give his option in terms of this order to the concerned authority within two weeks from today. Let a copy of this order be given to SC-10 for compliance. It is made clear that the interim order of posting passed earlier shall continue for a further period of four weeks from today. The writ petition is disposed of. perwez (Shiva Kirti Singh, J.)