IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.476 of 2008 Dr. Indra Shekhar Thakur, Son of Shri Kapildeo Thakur, Associate Professor, Department of Surgery, Patna Medical College, Resident of M.O. Flat No.8, P.M.C.H., P.S. Pirbahore, District- Patna ------ Respondent no.5--- Appellant. Versus 1. The State of Bihar, through the Secretary, Department of Medical Education and Family Welfare, Government of Bihar, Vikas Bhawan, Patna. 2. The Secretary, Department of Medical Education and Family Welfare, New Secretariat, Government of Bihar, Patna. 3. The Additional Director, Department of Medical Education and Family Welfare, Government of Bihar, New Secretariat, Patna. 4. Dr. Shakil Ahmad (Cabinet Minister, as he then was,) Department of Medical Education and Family Welfare, Government of Bihar, New Secretriat, Patna. At present Hon’ble State Home Minister, Government of India, Department of Home, New Delhi. 5. The Deputy Secretary to the Government, Department of Medical Education and Family Welfare, Government of Bihar, Patna. ----- Respondents--- Respondents. 6. Dr. Nirmal Prakash Narayan, Son of late Dr. Uday Narayan, Resident of 243, Patliputra Colony, P.S. Patliputra, District- Patna. --- -- Petitioner---Respondent ------- Respondents. ------------- 9. 14.5.2009 Heard Mr. Ashok Kumar Singh for the appellant, and Mr. S.K. Ghose, learned Additional Advocate General No.2 for the State. Respondent no.5 of C.W.J.C. No. 14197 of 2003 (Dr.Nirmal Prakash Narain Vs. The State of Bihar & Ors.) has preferred the present letters patent appeal calling in question the judgment and order dated 23.5.2008 passed by the learned Single Judge of this Court. By the order under challenge the learned Single Judge has held as follows: “The petitioners in C.W.J.C. No. 14012 of 2003 & 14319 of 2003 belong to the discipline of Radiology and the petitioner in CWJC 14141 of 2003 belongs to the discipline of Forensic Medicine & Toxicology. This Court is informed that the gradation list of professors in the Department of Radiology, Department of Forensic Medicine & 2 Toxicology has been finalized. It will be open to the respondent authorities to pass fresh orders in accordance with law and in light of the decision of the Full Bench in the case of Dr. Mrs. Sushma Pandey Vs. The State of Bihar & Anr. and analogous cases. The official respondents shall be at liberty to proceed in accordance with law afresh on the issue in CWJC 14197 of 2003 after the gradation list for the discipline of General Surgery is finalized.” It is an admitted position at the bar that subsequent to the order under appeal the authorities have come out with the final gradation list. The said gradation list is on record of the present letters patent appeal as well. As per the directions, the authorities are now obliged to take steps for granting promotions in terms of the rules and thereafter pass an appropriate order for transfer. The appellant herein will have full opportunity to challenge the same, if it is not in accordance with law. Having regard to that aspect of the matter, in our view, the present appeal has practically become infructuous. It goes without saying that it will be open to the concerned parties to challenge the validity of the gradation list. It is accordingly disposed of as having become infructuous. Vinay/ ( S. K. Katriar ,J. ) ( Kishore K. Mandal,J.)