IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7149 of 2006 1. SMT.SHUSHILA KUMARI, wife of Sri Lalan Prasad, Junior Sister Tutor, A.N.M.School Barh, P.S. Barh, District Patna, Sr.No. 34 2. Smt. Shipra Mitra, wife of late Rajendra Kumar Ghose, Junior Sister Tutor of A.N.M. School, Munger, P.S. Munger, District Munger, Sl.No. 32 3. Smt. Indra Mani Kumari, wife of Deo Narayan Vidyarthi, Junior Sister Tutor of A.N.M.School, Barh, P.S. Barh, District Patna, Sl.No. 37 4. Smt. Shipra Bhatacharya, wife of Sri Pinaki Ranjan Ganguli, Junior Sister Tutor, N.M.C.H., P.S. Agamkuan, District Patna, Sl.No. 35 5. Smt. Sarswati Singh, wife of Sri Dinesh Kumar Pandey, Junior Sister Tutor, N.M.C.H. P.S. Agamkuan, District Patna, Sl.No. 40 … Petitoiners Versus 1. THE STATE OF BIHAR 2. Director-in-Chief, Health Services, Govt. of Bihar, Patna 3. Director of Health Services, Bihar, Patna 4. Smt. Savitri Sinha, Junior Sister Tutor, A.N.M.School, P.S. Bihar Sharif, Bihar Sharif (Nalanda) Sl.No. 17 of the seniority list 5. Smt. Purnima Majumdar, Junior Sister Tutor, A.N.M.School, P.S. Samstipur, District Samastipur, Sl.No. 25 of the seniority list 6. Smt. Shila Kumari, Junior Sister Tutor, A.N.M.School, Samastipur, P.S. Samastipur, District Samastipur, Sl.No. 26 of the seniority list 7. Smt. Kanak Kumari, Junior Sister Tutor, A.N.M.School, P.M.C.H. P.S. Pirbahore, District Patna, Sl.No. 28 of the seniority list … Respondents ----------- 6. 23.9.2010 Having heard Mr. Pushkar Narain Shahi, learned counsel for the petitioners and the counsel for the State as also the private respondents with regard to the following relief: 2 “(i) To amend, finalize and publish the seniority list of the Junior Sister Tutors working in all over the State published under order a memo no. 719(6) dated 19.9.2005 of the respondent no.2 and (ii) Either to promote and post the petitioners on the post of Senior Sister Tutors/ Principal in such A.N.M.Schools in accordance with law as the cases of such petitioners have not been considered by the respondent no.2 under his order and memo no. 336(6) dated 26.5.2006. (iii) Or to grant permanent injunction order and stay the operation of the aforesaid order dated 26.5.2006 of the respondent no.2. The same has not been effected as yet.” this Court is of the considered opinion that since the petitioners have made no averment that they had filed any objection to the tentative gradation list dated 10.12.2002 which is said to have been finalized by the final gradation list dated 19.9.2005 (Annexure 1), the petitioners must avail the additional opportunity given in the said order dated 19.9.2005 wherein it has been clearly mentioned that if any incumbent has 3 an objection to the places allocated in the final gradation list dated 19.9.2005 he or she may file an objection which would be looked into and if necessary, amendment in the final gradation list would also be made. That being so, this writ application is disposed of with a liberty to the petitioners to file their objection to the aforementioned final gradation list dated 19.9.2005 and if such an objection is filed by the petitioners within a period of one month from today, the same shall be disposed of within next four months by a reasoned order. It is made clear that if the petitioners would question the seniority so allocated of any person in the final gradation list dated 19.9.2005, an opportunity of hearing would be given to such persons before taking any final decision. The remaining grievance of the petitioners as with regard to promotion on the post of Senior Sister Tutor cum Principal in A.N.M.Schools can be looked into by the authorities only when the 4 seniority list of the petitioners is finalized, inasmuch as at that point of time the respondents will also have opportunity to look into the requirement of such promotional post as laid down by the Indian Nursing Council. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/