IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13161 of 2011 Dr.Satyendra Kumar Jha, son of Shri Bibhuti Bhushan Jha, resident of House No.RF/250, Kankarbagh Colony, P.S. Kankarbagh, District- Patna……………………….. Petitioner Versus 1. The State Of Bihar through Principal Secretary, Health Department, Govt. of Bihar, Patna. 2. The Principal Secretary, Health Department, Government of Bihar, Patna. 3. The Deputy Secretary, Health Department, Govt. of Bihar, Patna. 4. Bihar Public Service Commission, 15, Jawaharlal Neharu Road, Patna. …………………. Respondents. ----------- For the petitioner: Mr.Amit Prakash, Advocate Ms. Soni Shrivastava, Advocate Mr. Anjani Kumar Jha, Advocate For the State: Mr. Syed Arshad Alam, S.C.III For the B.P.S.C. Mr. Sanjay Pandey, Advocate. -------------- 3. 30.8.2011 Heard learned counsel for the petitioner and learned counsels for the State and for the B.P.S.C. A supplementary affidavit has been filed by the petitioner in which it has been stated that the petitioner is working as Senior Resident in Plastic Surgery Department of Nalanda Medical College & Hospital, Patna and not in P.M.C.H. as stated originally in the writ petition. The petitioner has approached this Court for a direction upon the respondents that in terms of Rule 7(iii) (c ) of the Senior Resident, Tutor and Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion Rules, 2008, 2 the petitioner being a Senior Resident appointed under the earlier panel system is working, any appointment under the rules to the post of Assistant Professor can be made only after ear-marking a post for the petitioner in terms of the said rules. In the counter affidavit filed on behalf of the State, the point is conceded that the petitioner is entitled to be considered for promotion to the post of Assistant Professor under Rule 7 (iii) (c ) of the 2008 Rules and steps are being taken and the promotion of the petitioner on the said post of Assistant Professor ( Plastic Surgery) is under process of the State Government. It is further stated that there is no requirement of quashing the advertisement, as the State Government has reserved its right to make changes in the vacancy, and the advertisement has been issued with respect to all the Medical Colleges of the State of Bihar. Learned counsel for the petitioner submits that as per the information of the petitioner only one post of Assistant Professor (Plastic Surgery) is available in the general category. In view of the aforesaid statements made in the counter affidavit, the writ application is disposed of. It is, however, made clear that no post of Assistant professor in Plastic Surgery in the Medical Colleges of the State shall be filled up, unless one such 3 post in the general category is kept ear-marked for the petitioner. Let a copy of this order be handed over to learned Standing Counsel No.III. VPS ( Ramesh Kumar Datta, J. )