IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10429 of 1996 Mukti Nath Jha S/O Medni Kant Jha, resident of village- Fulwaria, P.O.- Akbar Nagar, District- Bhagalpur. -----Petitioner. -Versus- 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Health Medical Education and Family Welfare, New Secretariat, Patna. 2. The Additional Commissioner-cum- Special Secretary, Department of Health, Govt. of Bihar, Patna. 3. Health Commissioner, Govt. of Bihar, Patna. 4. The Director and Deputy Director, Health Department, Govt. of Bihar, Patna. 5. Dr. Kamta Prasad Gupta, Principal-in-charge, Govt. Y.N.A. Ayurvedic College, Champa Nagar, Bhagalpur in the district of Bhaglapur. -------Respondents. ---------- For the petitioner : M/S. Rajib Ranjan Jha and Janki Nandan Advocates. For the State : Mr. Debanjan Chowdhary, J.C.to S.C.III. ----------- 6. 11.11.2008. This writ application has been filed for challenging the appointment of Dr. Kamta Prasad Gupta, Principal-in-charge of Government Y. N. A. Ayurvedic College, Champa Nagar, Bhagalpur. The petitioner claims that he was appointed in the year 1975 and he is senior teacher whereas Dr. Gupta was appointed in the year 1981, and as such, the petitioner being senior ought to have been considered for appointment as Principal Incharge in the said College aforesaid. It appears that a counter-affidavit has been filed on behalf of the Deputy Director, Department of Health, Government of Bihar, Patna, stating therein that the petitioner was appointed by the Managing Committee in the year 1975 as a Lecturer and as a Reader in the year 1981 in Y. N. A. Ayurvedic College. According to the - 2 - Deputy Director qualification of the petitioner is Botany. It has also been asserted that the Central Council of Indian Medicine has deleted the Science subject in the Ayurvedic course and the petitioner had been retrenched from service vide Notification dated 20.5.1997. Later, the petitioner is said to have been appointed in Government Tibi College, Patna, as a Cashier. Therefore, on the basis of the aforesaid facts, it appears that the claim of the petitioner in the writ application has become infructuous as no relief can be granted to the petitioner in the facts of this case. This writ application is thus dismissed as infructuous. U.K. (Sheema Ali Khan,J)