IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8016 of 1997 DR.SHANKAR BHUWAN PRASAD, son of Late Satya Narayan Prasad, presently posted as Assistant Professor of General Surgery Nalanda Medical College Hospital, Patna, resident of 208 Shashi Place Nala Road, P.S.-Kadamkuan, District-Patna. Versus 1.THE STATE OF BIHAR through the Commissioner-cum- Secretary Health Medical Education and Family Welfare Department having his office in New Secretariat, P.S. Sachivalaya, District-Patna. 2.The Additional Commissioner cum Special Secretary, Health Medical Education and Family Welfare Department, having his office in New Secretariat, P.S-Sachivalaya, District-Patna. 3.The Deputy Secretary, Health, Medical Education and Family Welfare Department, having his office in New Secretariat, P.S.- Saschivalaya, District-Patna. 4.Dr. Ajit Bahadur Singh, father’s name not known to the petitioner, at present posted as Assistant Professor in General Surgery, Patna Medical College Hospital, Patna, P.S-Pirbahore, District-Patna. ----------- 6 20.7.2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reads as follows:- “that this is an application for issuance of writ in the nature of certiorari for quashing Government notification no.17/A2- 100/95 219 (17) dated 21.8.1997 so far it relates to the posting of Respondent no. 4 as Assistant Professor, General Surgery in Patna Medical College Hospital, Patna violating the Government decision of merit cum choice posting as well as against a decision of this Hon’ble Court and further quash the posting of the writ petitioner on the post of Assistant Professor General Surgery at Srikrishna Medical College, Muzaffarpur.” 2 As would be evident, challenge of the petitioner is confined to posting of respondent no. 4 on the post of Assistant Professor in Patna Medical College Hospital, Patna dated 21.8.1997. The said order having been not stayed by this Court in the interim order dated 11.9.1997 the sole question which would now remain to be answered is with regard to transfer of the petitioner who also by the same notification was sought to be placed in Srikrishna Medical College, Muzaffarpur. This Court would however find that as operation of stay order dated 21.8.1997 relating to the petitioner has continued for nearly 13 years and in the meantime parties have marched ahead on their service career, inasmuch as the petitioner was sought to be posted only as Assistant Professor in the department of General Surgery in August, 1987. This writ application thus due to efflux of time has become in fact infructuous for the very limited relief sought thereunder. That being so, this application is dismissed as having become infructuous and the interim order dated 11.9.1997 is also vacated. Abhay Kumar ( Mihir Kumar Jha, J.)