IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8424 of 1997 1.DR.N.K.SINGH son of Late D.N.Singh, resident of village Shahjadpur, P.S. Udakishunganj in the district of Madhepura at present posted as Asst. professor in the department of General Surgery of the Patna Medical College. 2.Dr. A.K. Verma son of Late Babu Ram sinha, resident of Village Balchand BIgha, P.S. Sillao, in the district of Nalanda at present posted as Asst. Professor, department of General Surgery of the Patna Medical College., Versus 1.THE STATE OF BIHAR 2.The Commissioner & Secretary to Govt. Health Medical Education & Family Welfare Department, New Secretariat, Bihar, Patna. 3.The Additional Commissioner & Special Secretary to Govt. Health Medical Education and Family Welfare Dept. New Secretariat, Bihar, Patna. 4.The Dy. Secretary to Govt. Health, Medical Education & F.W. Dept. New Secretariat, Bihar, Patna. 5.Dr. Shambhu Mishra, Asso- Professor, Department of General Surgery, Patna.Medical College, Patna., 6.Dr. Ramesh Pd. Sinha, Associate Professor, Department of General Surgery, Patna Medical College, Patna. ----------- 3 22.7.2010 No one appears for the petitioners. Counsel for the State is present. In this writ application prayer of the petitioners reading as follows:- “That though this application petitioners seek leave to invoke the writ jurisdiction of this Hon’ble Court for issuance of an appropriate writ, order or direction for quashing the relevant part of Notification no.149 (17) dated 14.5.1997 at Annexure-6 by which the private respondent nos. 5 and 6 though junior to petitioners have been arbitrarily and illegally adjusted in Patna Medical College against the post of Asso.- Prof. (General Surgery) whereas petitioners have been shifted outside Patna in contravention of merit cum choice principle hitherto meticulously followed by Govt. in the matter of posting of doctors employed in teaching side of the cadre on their promotion and for further direction to the respondent state to post the petitioners in Patna Medical Collelge against the post of Asso.- Prof. in general surgery by modifying the 2 earlier posting order pertaining to petitioners as contained in Annexure-4 as has been done in case of Dr. Baidyanath Pd. (Anthaesthesia) Dr. Madhup Lal (Radiology) Dr. Chandra Mohan (Radiology) and Dr. Chitranjan Ray (P.S.M.) and others.” would by itself go to show that it is only the issue of transfer which was made subject matter of this writ application. Such transfer order having been not stayed by this Court, and thus remaining operative for the last 13 years cannot now be interfered. That being so, this application by efflux of time has become infructuous and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)