IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14769 of 2005 Doctor Sudhir Kumar, son of Sri Rameshwar Mahato, resident of Sheikhpura Shastri Nagar (Behind Ramlagan Market), PS Shastri Nagar, Patna – Petitioner. Vs. 1) The State of Bihar, 2) Commissioner cum Secretary, Department of Health, Medical Education and Family Welfare, Bihar, Patna. 3) Dy. Secretary, Department of Health Medical Education and Family Welfare, Bihar, Patna. 4) Director-in-chief, Health Service, Bihar, Patna. 5) Dr. Ramesh Pd. Singh, son of Naresh Pd. Singh, Mohalla Sharda Seva Sadan, A-1, Sachivalaya Colony, Kankarbagh, PS Patrakar Nagar, Patna, at present posted as Professor & HOD, Department of Surgery, Nalanda Medical College Hospital, Patna – Respondents. 3 1.3.2011 This writ petition has been filed challenging the notification no. 1116(17), dated 18.10.2003 by which respondent no.5 was promoted from the post of Assistant Professor to the post of Associate Professor allegedly contrary to Bihar Medical Education Cadre Rules which, inter alia, mandatorily requires minimum five years of teaching experience. A counter affidavit has been filed stating at paragraph 6 that Annexure 1 of the writ petition is a notification cancelling notification no. 766(17), dated 24.6.2003 whereby and whereunder the promotion given to the Associate Professor including respondent no.5 was cancelled in compliance to the orders of this court in LPA No. 1001/1999 (Saryoo Prasad vs. State of Bihar and others). It has further been stated at paragraph 20 that respondent no. 5 has superannuated in 2007 from the post of Professor Surgery and the petitioner has been working as Professor and Head of the Department at P.M.C.H. and as such his grievances have been redressed. The answering respondents have not accepted the contention of the petitioner that respondent no. 5 did 2 not have the required minimum qualification, but perhaps that would not matter at this stage. In view of the statements made in the counter affidavit the petitioner’s main grievances have been redressed. It may be clarified that no finding is being recorded by this court with respect to whether or not respondent no.5 was duly qualified to hold the post of Associate Professor. This writ petition is, thus, disposed of in terms of the counter affidavit filed by the respondent State. haque ( Sheema Ali Khan, J.)