IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6734 of 2009 DR.VISHVENDRA KUMAR SINHA, SON OF CHAKRAPANI GARAIN, RESIDENT OF H-3, DOCTOR’S COLONY, KANKARBAGH, PATNA-20, P.S.-PATRAKAR NAGAR, DISTRICT- PATNA ………………… .PETITIONER. Versus 1. THE STATE OF BIHAR 2. Commissioner-cum-Secretary, Department of Health, Medical Education and Family Welfare, Govt of Bihar, Patna. 3. Additional-Commissioner-cum-Special Secretary. Department of Health, Medical Education and Family Welfare, Govt of Bihar, Patna. 4. Deputy Secretary, Department of Health, Medical Education and Family Welfare, Govt of Bihar, Patna. 5. Joint Secretary, Department of Health, Medical Education and Family Welfare, Govt of Bihar, Patna. 6. Director. Satyendra Kumar Sinha, son of Ambika Prakad, J/61, People’s Co- operative Colony, Kankarbagh, P.S.-Kankarbagh, District-Patna, presently posted as Assistant Professor, Orthopaedics, Anugrah Narain Medical College, Gaya. ……….. …………. Respondents. ----------- 2. 24.06.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner has challenged Notification No. 287(17) dated 11.05.2009 on the ground that on the basis of this notification, he has been shown junior to respondent No. 6 as name of respondent No. 6 has been mentioned at serial No. 1 in the notification. By the impugned notification, both the petitioner and respondent No. 6 who are working as associate professors have been posted in two different Medical colleges. Petitioner has been posted as associate professor at Patna Medical College and Hospital and the respondent No. 6 who is already posted at Nalanda Medical College, has been posted 2 as associate professor on notional basis. It seems that this is only a provisional arrangement as the counsel appearing for the state has submitted that in view of the inspection of Indian Medical Council, this arrangement has been made. I do not find that any cause of action has arisen to the petitioner on account of impugned order firstly for the reason that it is not a final order and on the basis of the impugned order, no seniority of either petitioner or respondent No. 6 has been decided. Considering the fact, I do not find any merit in the application. It is, accordingly, dismissed. akv/ ( Mridula Mishra, J )