IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4713 of 2005 Dr. Ranjeet Kumar Singh, S/o-Late Baijnath Singh, permanent resident of Rasalpura, P.S.-Doriganj, District-Saran, at present posted as Sr. Resident Surgeon, in the department of Orthopedic, Patna Medical College Hospital, Patna. –Petitioner. VERSUS 1. The State of Bihar. 2. Commissioner-cum-Secretary, Health and Medical Education, Government of Bihar, New Secretariat, Patna. 3. Additional Secretary, Health and Medical Education, Government of Bihar, New Secretariat, Patna. 4. Superintendent, Patna Medical College Hospital, Patna. 5. Principal, Patna Medical College Hospital, Patna. –Respondents. ----------- 06 11.04.2011 The petitioner had filed this writ application for issuance of appropriate writ and/or direction to the respondent-State in the department of Health to declare the petitioner as Lecturer/Resident in the department of Orthopedic in Patna Medical College & Hospital and later a Senior Resident. Thereafter, his prayer was that considering his Post Graduate qualification and the length of service as Resident/Senior Resident grant him promotion in due time to the post of Assistant Professor in the department of Orthopedic. His further prayer by subsequent amendment application is for considering him to the post of Associate Professor accordingly by passage of time. A counter affidavit has been filed in which it was admitted that the name of the petitioner was wrongly left out from the list of Residents as originally prepared. During pendency of the writ application, the mistake was corrected and, accordingly, the petitioner was placed in the gradation list of medical teachers. Thereafter, he was duly shown as Resident/Senior Resident in the department of Orthopedic. During pendency of the writ application, because of those - 2 - mistakes, belatedly he has been granted his due promotion to the post of Assistant Professor in the department of Orthopedic. In the counter affidavit of the State, it is further stated that in so far as promotion to the post of Associate Professor is concerned, there being requisite vacancies and the petitioner’s case is being actively considered. The apprehension of the petitioner is that once again the history may not repeat itself and the mistake committed by the department to the detriment of the petitioner. Learned counsel for the State submits that all care would be taken to see that petitioner does not suffer because of faults which had earlier been committed by the department in not timely recognizing petitioner’s case and granting him due promotions. In my view, as the matter is under active consideration, it is better that petitioner pursues that matter at the first instance and, thereafter, he would have the liberty to move this Court challenging the decision if he still has any grievance left. Mr. Jitendra Singh, learned Senior Counsel appearing on behalf of the petitioner, accordingly, seeks leave to withdraw this application with a direction to the respondents to promptly consider the promotion of the petitioner to the post of Associate Professor. Leave is granted. This writ application is disposed of as withdrawn in the terms aforesaid. Trivedi/ (Navaniti Prasad Singh, J.)