IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4591 of 2009 DR.RAHUL KUMAR, SON OF LATE DR. SUCHIT PRASAD, RESIDENT OF MOHALLA – GILAB BAGH MARKET (OPPOSITE HATHUA MARKET) BARI PATH, P.S. – KADAM KUAN, P.O. – BANKIPOR, TOWN AND DISTRICT – PATNA ………………. PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, MEDICAL EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE JOINT SECRETARY, MEDICAL EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE ADDITIONAL DIRECTOR, MEDICAL EDUCATION, GOVERNMENT OF BIHAR, PATNA ……………. RESPONDENTS ----------- 04. 04.08.2011 Yesterday, this matter was taken up for admission, but no one appeared on behalf of the petitioner. Today also, when the case has been called, petitioner’s counsel is not present. However, counsel, appearing for the State has filed Counter Affidavit on behalf of Respondent Nos. 3 and 4. This Writ Application has been filed by the petitioner for quashing of combined final gradation list of Teachers of Medicine Department of all the Medical Colleges, circulated vide Memo No. 865(17), dated 08.07.2008, in which the petitioner’s name has been placed at serial no. 57. Petitioner’s grievance is that in the final gradation list, he has been placed much below juniors to him. On account of such placement in the gradation list, he will be deprived of promotional post of Associate Professor. 2 In the Counter Affidavit filed on behalf of the State, it has been stated that combine final gradation list of the Teachers of Department of Medicine in the Medical Colleges of the State of Bihar had earlier been published, in which petitioner was placed at serial no. 34 “A”. This gradation list had been circulated and challenged by one Dr. Prakash Kumar Verma in C.W.J.C. No. 12662 of 2009 and by Dr. Pramod Kumar Sinha by filing C.W.J.C. No. 10847 of 2010. Writ Applications were heard analogous and by Order dated 05.05.2011 gradation list under challenge was quashed, department was directed to examine the matter afresh and decide inter-se seniority of Dr. Prakash Kumar Verma, Dr. Pramod Kumar Sinha and Dr. Rahul Kumar (present petitioner). In the light of the direction of this Court, process for fresh publication of gradation list has been started and the inter-se seniority of the petitioner and other Doctors in the Department of Medicine of different Medical Colleges will be finalized. In view of the statement made in the Counter Affidavit, I do not find any merit in the Writ Application. This application is dismissed. SKM (Mridula Mishra, J.)