IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1232 of 1996 THE STATE OF BIHAR & ORS Versus DR.RAMASHISH THAKUR & ANR ----------- 04- 14.7.2009 Heard Mr. Anil Kumar Jha for the appellants. This appeal under clause-10 of the Letters Patent of the High Court of Judicature of Patna is directed against the order dated 20.9.96, passed by a learned single Judge of this Court in CWJC No.11637 of 1995 (Dr. Ram Ashish Thakur vs. State of Bihar & Ors.), whereby the writ petition was allowed. The posting of respondent no.6 as Professor of Radiology, Patna Medical College & Hospital (PMCH, in short) was set aside, and the State of Bihar was directed to post the petitioner on the said post. A brief statement of fact essential for the disposal of this writ petition may be indicated. 2. The writ petitioner was at the relevant point of time holding the post of Professor of Radiology in PMCH. This post and other posts became vacant and option was invited from all the eligible professors. The petitioner was the senior most professor, and respondent no.6 was lower than him in the seniority list. The petitioner opted for PMCH but was not given his choice posting and instead respondent no.6 was posted, leading to CWJC No.11637 of 1995. Relying on the judgment of this Court in CWJC No.1521 of 1996 (Dr. Ranjana Sinha vs. State of Bihar & Ors.) [since reported in 1996(2) PLJR 683], the learned single Judge set aside the posting of respondent no.6 in PMCH, and the respondent authorities were directed to post the petitioner on that post. It has been laid down - 2 - in the case of Dr.Ranjana Sinha that such posting should be done on the basis of seniority-cum-choice. In that view of the matter, the order in question is covered by the said judgment. We, therefore, do not fine any ground for interference in the order of the learned single Judge. 3. The appeal is accordingly dismissed. ( S K Katriar ) ( Jyoti Saran ) mrl