Dr. Arti Kumari @ Arti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6126 of 2019 ====================================================== Dr. Arti Kumari @ Arti Kumari W/o Santosh Kumar Mishra Resident of flat No. 201, C.M. Balajee Complex, Ashok Nagar, Road No.1/F, Kankarbagh, P.S.-Kankarbagh, District-Patna.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Joint Secretary, Department of Health Government of Bihar, Patna. 3.

The Under Secretary, Department of Health Government of Bihar, Patna. 4.

The Principal, Nalanda Medical College and Hospital, Kankarbagh, Old Bypass, Patna.

5.

The Principal, Patna Medical College and Hospital, Ashok Raj Path, Patna. 6.

Dr. Vinita Singh, Associate Professor W/o Sri Ashok Singh Resident of Telpa Kothi, Kadamkuan, P.S.-Kadamkuan, District-Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Shashi Bhushan Kumar, Advocate For the State :

Mr. Mujtabaul Haque, GP-12 Mr. Vasant Vikas, AC to GP-12 For resp No. 6 :

Ms. Nivedita Nirvikar, Sr. Advocate Mr. Somesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and the State as also learned senior counsel representing respondent no. 6. The petitioner in the present case is seeking following reliefs:- "i. For issuance of writ of certiorari for quashing the notification dated 12.03.2019 issued by respondent no. 3 (By way of Corrigendum) by which petitioner has been again transferred from the NMCH, Patna to Jan Nayak Karpuri Thakur Medical College & Hospital, Madhepura.

ii. For issuance of writ of Mandamus commanding upon the respondents to not disturb and allow the

Patna High Court CWJC No.6126 of 2019(3) dt.20-04-2023 2/2 petitioner to continue on the post of Associate Professor, Gynecology in Nalanda Medical College Patna in view of well settle principle of Merit cum choice.

iii. For other reliefs for which petitioner is found entitle in the facts & circumstances of the case." Ms. Nivedita Nirvikar, learned senior counsel for respondent no. 6 has informed this Court that the petitioner has already been brought back to Patna Medical College and Hospital, Patna where she is serving.

In the aforesaid view of the matter, nothing remains for adjudication in this writ application. It is dismissed. (Rajeev Ranjan Prasad, J) SUSHMA2/- U