IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3431 of 2004 DR.SATISH KUMAR, son of Shri Panchanan Sharma, resident of Amhara House, Jagat Narain Lal Road, P.S. Kadamkuan, District Patna-3 at present posted as Surgeon, Sadar Hospital, Begusarai ... Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Department of Medical Education, Family Welfare and Indigenous Medicine, Govt. of Bihar, patna 2. Director in Chief, Health Services, Department of Health and Medical Education, Family Welfare and Indigenous Medicine, Govt. of Bihar, Patna 3. Joint Secretary, Department of Medical Education, Family Welfare and Indigenous Medicine, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Medical Education Family Welfare and Indigenous Medicine, Govt. of Bihar, Patna ... Respondents ----------- 3. 9.11.2010 Having heard Mr. Banwari Sharma, learned counsel for the petitioner and the counsel for the State as with regard to the solitary relief of considering the case of the petitioner for his appointment on the post of Assistant Professor in the Department of Surgery in any medical college in the State of Bihar and the specific stand of the respondents that such appointment is governed by a statutory rule framed under proviso to Article 309 of the Constitution of India known as Bihar Chikitsha Shiksha Seva Sanwarg Awam ishke Samwargiya Padon Par Bharti Niyamawali, 1997, all that this Court 2 would observe is if the petitioner fulfils the prescribed requisite qualification his case will also be considered for appointment (not promotion) strictly in accordance with the aforesaid cadre Rules. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/