IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10116 of 2009 DR.(MRS.)KUMUDINI JHA, W/O DR.C.M.JHA, R/O WEST GAURI TANK, P.S.-LAHERISARAI, DISTRICT- DARBHANGA PRESENTLY POSTED AS ASSISTANT PROFESSOR, DEPARTMENT OF OBSTETRICS AND GYNAECOLOGY, DARBHANGA MEDICAL COLLEGE, LAHERISARAI, DARBHANGA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF HEALTH, (MEDICAL EDUCATION, FAMILY WELFARE AND INDIGENOUS MEDICINES) GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF HEALTH, (MEDICAL EDUCATION, FAMILY WELFARE AND INDIGENOUS MEDICINES) GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE DEPUTY SECRETARY, DEPARTMENT OF HEALTH, (MEDICAL EDUCATION, FAMILY WELFARE AND INDIGENOUS MEDICINES) GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 5. THE ADDL. DIRECTOR (MEDICAL EDUCATION) DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. ……………RESPONDENTS. ----------- 3 14.09.2010 From the counter affidavit, it appears that the claim of the petitioner has been partly allowed by the Department and now the petitioner has been promoted in the cadre of Associate Professor. However, the grievance of the petitioner now is that she should rank senior to Dr.Asha Jha in the cadre of Associate Professor as, while promoting Assistant Professor to the post of Associate Professor altogether different criteria is to be adopted as is prescribed under Rule 8(ii)(Ka) of the 1997 Rules, which 2 lays down that at the time of promotion of Assistant Professor to the rank of Associate Professor, besides their seniority, research work etc. has also to be taken into account. Learned counsel for the petitioner submits that if that would have been taken into account by the Department she would have been promoted to the rank of Associate Professor earlier by treating her senior to said Dr.Asha Jha. He submits that specifically for this relief a representation has already been filed by the petitioner, a copy whereof is annexed as Annexure-7 to the writ application. Now that all the concerned doctors have been promoted to the rank of Associate Professor the only dispute is with regard to their inter-se seniority upon consideration their cases in terms of the said provisions of the Rules. This Court is of the view that the Department should consider the same and decide the inter-se seniority of the Associate Professors in the light of the criteria for promotion laid down in the above provisions of the Rules. 3 There is nothing in the counter affidavit to show that this has been done by the respondents so far. Therefore, this writ application is disposed of with a direction to respondent no.2, the Secretary, Department of Health, (Medical Education, Family Welfare and Indigenous Medicines) Government of Bihar, Patna to look into the matter and decide the inter se seniority of Associate Professors in accordance with law and particularly in the light of the said provision of Rules preferably within a period of three months from the date of receipt/production of a copy of this order. If necessary, the respondent no.2 shall given personal hearing to the concerned parties to enable them to produce materials to show that on the basis of research work etc. they have better claim for seniority than the other rival parties. Arvind/ ( J. N. Singh, J.)