IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.803 of 2011 In (CIVIL WRIT JURISDICTION CASE 5451/2006) 1. Dr.Indra Shekhar Thakur S/O Kapildeo Thakur , Associate Professor , Surgery , P.M.C.H Resident Of M.O. Flat No -8 , P.S.-Pirbahore , Dist.- Patna , At Present Malahi Pakri , P.S. Kankarbagh , District - Patna 2. Dr. Rabindra Prasad S/O Late Sohrai Mahto Assistant Professor , Surgery , I.P.W.- 2, P.M.C.H., P.S.- Pirbahore , District - Patna 3. Dr. Binod Kumar S/O Sri R.R Prasad Assistant Professor , Surgery , I.P.W.- 2, P.M.C.H., P.S.- Pirbahore , District - Patna 4. Dr. Rabindra Kumar S/O Late R.R. Prasad Assistant Professor , Surgery , Resident Of I.P.W.- 7, P.M.C.H., P.S.- Pirbahore , District - Patna .....Appellants Versus 1. The State Of Bihar 2. The Secretary of Medical Education and Family Welfare, Govt. Of Bihar, New Secretariat, Patna 3. The Deputy Secretary Department of Health (Medical Education), Family Welfare and Indigenous Medicine, Government of Bihar, New Secretariat, Patna 4. The Principal, Patna Medical Collage & Hospital, Patna 5. The Head of the Department Of Surgery, Patna Medical Collage & Hospital, Patna. 6. Dr. Ajit Singh S/O Sri Nagendra Prasad Singh Resident Of Mayur , Road No - 6 Rajendra Nagar , P.S.- Kadamkuan Town And District - Patna Presently Working As Associate Professor , Urology In The Department Of Surgery , P.M.C.H., Patna 7. Dr. N. K. Singh S/O Late Deep Narayan Singh Associate Professor Surgery (Since Retired As Professor Surgery), Medical Officer , Flat No.- 7 , P.M.C.H. , P.S.- Pirbahore , District -Patna 8. Dr. Rajendra Prasad Singh S/O Late Ram Prasad Singh Associate Professor (Since Retired As Professor Surgery),P.M.C.H. , Department Of Surgery , P.S. Sultanpur , District-Patna 9. Dr. Ajit Bahadur Singh S/O Jai Narayan Singh Associate Professor Surgery , Resident Of CA/16, P.C. Colony , P.S. Kankarbagh , District - Patna 10. Vimal Mukesh S/O Late Gouri Shankar Prasad Associate Professor Surgery , P.M.C.H., Resident Of ,Mukesh Vila , Patliputra Colony P.S.- Patliputra , District -Patna .....Respondents ---------------------------------- 4 22-11-2011 Heard the parties. As interveners the appellants had limited 2 interest in the matter. They do not like that the writ petitioner should be promoted to the post of Professor in the department of General Surgery. According to them, since the writ petitioner belongs to Super Specialty of Urology which is part of General Surgery department, under the Rules he can be considered only for grant of Professorship in the department of Urology or personal promotion permissible under the Rules. On going through the judgement and order of the writ court, we find that ample precaution has been taken by the learned Single Judge in giving various options to the State for considering the case of the writ petitioner for promotion to the post of Professor. Finally, the writ court has emphasized that no positive direction has been passed with regard to claim of the writ petitioner to the post of Professor either in General Surgery or Urology but the matter is left with discretion of the Departmental Promotion Committee and the State to keep in mind the judgement under appeal and the law including Rules and regulations concerning the issue at the time of final 3 decision. It has already been observed that the authorities shall ensure that no person is denied his due promotion from the due date under any circumstances. Learned counsel for the appellants, in our view, is not justified in presuming that the authorities shall contravene the Rules or the law in considering the case of writ petitioner for promotion to the post of Professor. We do not find any good ground to interfere with the directions of the writ court. The appeal is, therefore, disposed of with observation that if the appellants are aggrieved by the final decision which may be taken by the authorities in accordance with law and the Rules, they may challenge such decision through appropriate proceeding in accordance with law. BKS/- (Shiva Kirti Singh, J.) (Ahsanuddin Amanullah, J.)