IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4918 of 2003 Dr. Ramesh Prasad, Son of late Ramdhani Sao, Resident of Mohalla Bara Patthar, Dehri on Sone, P.S. Dehri on Sone, District Rohtas, presently working as Lecturer in the department of Agad Tantra, Government Ayurvedic College, Kadam Kuan, Patna-3. ------- Petitioner Versus 1. The State of Bihar. 2. The Secretary and Commissioner, Department of Personnel and Administrative Reforms, Government of Bihar. 3. Secretary and Commissioner, Department of Health (Medical Education Family, Welfare and Indigenous Medicine). 4. Deputy Secretary-cum-Director (I.S.M.), Department of Health (Medical Education Family, Welfare and Indigenous Medicine). 5. Bihar Public Service Commission, 15 Jawaharlal Nehru Marg (Beli Road), Patna-800001, through its Chairman. 6. Secretary, Bihar Public Service Commission, 15 Jawaharlal Nehru Marg (Beli Road), Patna-800001. ---------- Respondents ----------- 6 11.08.2010 Having heard learned counsel for the parties and taking into account the scope of this writ application, wherein the prayer made by the petitioner, which reads as follows:- “1. That, this writ application on behalf of sole petitioner aforesaid is directed for issuance of an appropriate writ(s), order(s), direction(s) preferable in the nature of mandamus commanding the respondent authorities to make appointment on 64 posts of lecturers in different Ayurvedic Colleges in different departments according to new reservation policy namely Bihar Act, 17/2002 VIZ., The Bihar reservation of vacancies in posts and services (for scheduled castes, scheduled tribes and other backward classes) (amendment) Act, 2 2002 after applying the said new reservation percentage fixed by the aforesaid amendment Act which have been advertised vide advertisement no. 4/01, 5/01, 6/01, 7/01, 8/01, 9/01, 10/01, 11/01, 12/01, 13/01, 14/01 and 15/01 appearing in Hindi Daily namely Dainik Jagran dated 30.12.2001. And for further commanding the respondent authorities to issue fresh advertisement of 64 posts of Lecturers in different Ayurvedic Colleges in different subjects applying the new reservation policy as contained in Bihar Act, 17/2002 after withdrawing/ cancelling the aforesaid advertisements relating to 64 posts of lecturers appearing in Hindi Daily namely Dainik Jagran dated 30.12.2001. And for further restraining the respondent authorities from conducting the interview regarding aforesaid 64 posts of lecturer schedule to be held from 17.05.2003 and onwards. And for further commanding the respondents, in the event this writ application is not heard in time, not to declare the final results of candidates relating to 64 posts of lecturer in terms of advertisement as contained in Annexure-1 as well as for restraining the respondent commission from sending the recommendation in terms of Annexure-1.” and the fact that such vacancy got automatically whittled down in view of the Bihar Re-organization Act placing 1/3rd of 3 the post under State of Jharkhand, this application has become infructuous. That being so, this application is dismissed as having become infructuous. Rsh (Mihir Kumar Jha, J.)