IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10644 of 2002 Dr.(Mrs.) Kumudini Jha, W/o Dr. C.M.Jha, resident of West Gauri Tank, P.S. Laheriasarai, District Darbhanga … Petitioner Versus 1. The State Of Bihar 2. The Commissioner cum Secretary, Health Medical Education and Family Welfare Department, New Secretariat, Bihar, Patna 3. The Additional Commissioner cum Special Secretary, Health Medical Education and Family Welfare Department, Govt. of Bihar, Patna 4. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna 5. The Joint Secretary, Medical Education, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna 6. The Additional Director (Medical Education), Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna 7. Dr. Srimati Renu Rohtagi, Nalanda Medical College and Hospital, Patna 8. Dr. Srimati Chandra Kiran, Nalanda Medical College and Hospital, Patna … Respondents ---------------------------------- 8. 14.9.2011 Having heard counsel for the petitioner this Court is of the view that the prayer made in this writ application would no longer survive for adjudication primarily on account of the fact that the two writ petitions of the petitioners being C.W.J.C.No. 5593/1997 and C.W.J.C.No. 9385/2001 have already been disposed of recording that the petitioner has been given promotion on the post of Assistant Professor and Associate Professor in the Department of Gynaecology and Obstetrics. In such a circumstance the challenge of the petitioner to a tentative gradation list dated 23.8.2002 involving seniority of the post of Assistant Professor in the Department of Gynaecology and Obstetrics should no longer come in the way of the petitioner as she has already been promoted on the post of Associate 2 Professor. In any event the tentative gradation list inviting objection cannot be made subject matter of a writ petition, inasmuch as it is only final gradation list decided after considering the objections which can be termed to be a final order capable of being assailed in a proceeding under Article 226 of the Constitution of India. In that view of the matter, this Court must hold that the writ application in question due to efflux of time and subsequent events as recorded in the order while disposing of C.W.J.C.No. 5593/1997 and C.W.J.C.No. 9385/2001 has become infructuous. It is, however, made clear that the petitioner’s claim for inter se seniority vis-à-vis respondents no. 7 and 8 shall still remain opened and if the petitioner is aggrieved on account of any subsequent final gradation list showing respondents no. 7 and 8 to be senior to the petitioner, she may still assail the same in an appropriate proceeding in accordance with law. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/