Judgment 1. Both the Appeals involving common issue arising out of the judgment and order under appeal are heard together with the consent of the parties for final disposal. 2. These Letters Patent Appeals, under clause 10 of the Letters Patent of the High Court of judicature at Patna, are directed against the Judgment and order dated 10th of November, 1998, on the writ application filed by the respondent no.1 vide C.W.J.C. No. 4221 of 1998 quashing the appointment of the appellant, the respondent no.5 in the above writ application as Professor in the Department of Obstetrics and Gyneocology in the Patliputra Medical College, Dhanbad vide notification no. 17P 01-02/98-195(17)/Health dated 25.04.1998, as contained in Annexure-4 to the aforesaid writ application. 3. Upon hearing the parties, learned Single Judge, finding the appointment of the appellant as Professor being in contravention of the State Governments notification dated 21.05.1997 (Annexure-8) issued under Article 309 of the Constitution of India laying down the Rules of promotion of the teaching staff at different level including that of Professor in the Medical Colleges of Bihar namely Bihar Medical Education Service Cadre and Recruitment to its Cadre Posts Rules, 1997 (hereinafter referred to as the Statutory Rules) and also being contrary to the relevant regulation of Meidcal Council of India on the subject, was pleased to quash the aforesaid order of appointment/promotion of the appellant. 4. The aforesaid respondent no.5 as well as State both, appellants herein, on being aggrieved by the same have preferred the present Letters Patent Appeals. 5. The short relevant facts emerging from records necessitating their consideration in the above appeals are narrated here in below:- The appellant in L.P.A No. 1323 of 1998 claimed herself to be appointed on the post of Assistant Professor on 16th of February, 1979 in the Department of Obstetrics and Gyneocology in Nalanda Medical College Hospital (N.M.C.H.) Patna, and the writ petitioner/respondent no.1 was offered appointment on the said post of Assistant Professor to which she joined on 12.03.1982. Thereafter, the writ petitioner was promoted to the post of Associate Professor in the same department on 18.05.1983 vide notification dated 18.8.1983 (Annexure-2). Appellant/ respondent no.5 in the writ application was, however, promoted to the said post of Associate Professor on 12.06.1995 as per notification dated 12.06.1995, as contained in Annexure-3 to the writ application. Thereafter, the writ petitioner was promoted to the post of Associate Professor in the same department on 18.05.1983 vide notification dated 18.8.1983 (Annexure-2). Appellant/ respondent no.5 in the writ application was, however, promoted to the said post of Associate Professor on 12.06.1995 as per notification dated 12.06.1995, as contained in Annexure-3 to the writ application. 6 It appears that the appellant/respondent no.5 did not challenge her above notification (Annexure-3 to the writ application) promoting her as Associate Professor on 12.5.1995 at the material time. The appellant in one of her representations represented for her promotion to the post of Professor vide her application dated 24.06.1997 (Annexure-"0" to the Memo of L.P.A. No. 1323 of 1998) mentioning the date of her promotion to the post of Associate Professor as 12.06.1995. It appears that the State Government as per the impugned notification dated 25.04.1998 vide Annexure-4 to the writ application promoted and posted the appellant as Professor in the Department of Obstetrics & Gyneocology at Patliputra Medical College, Dhanbad w.e.f 19.02.1997, which was the subject matter of challenge in the writ application in question. 7. The writ petitioner/respondent no.1 challenged the above notification dated 25.04.1998 promoting/posting the Appellant as Professor in the concerned Department alleging for being contrary to the aforesaid Statutory Rules for such promotion issued by the State Government as contained in the notification dated 21.05.1997 (Annexure-8) published in the Bihar Gazette on 24.05.1997. 8. The learned single Judge, upon hearing, quashed the aforesaid notification dated 25.04.1998 (Annexure-4) by its judgment and order under appeal primarily on two grounds. Firstly, that the appointment of the appellant on the post of Professor is contrary to relevant regulations of the Medical Council of India, as well as, the Statutory Rules issued by the State Government in its notification dated 21.05.1997 (Annexure-8 of the writ application) issued under Article 309 of the Constitution of India, requiring prerequisite teaching experience of five years as an Associate Professor in the concerned Department for promotion to the post of Professor. The relevant rule 8(ii) Gha of the above statutory Rule, clearly provides that besides the requisite qualification for appointment on the post of Professor, the appointment shall be made by selection after an advertisement is made at All India basis from amongst the Associate Professors having five years of teaching experience in the concerned Department. The relevant rule 8(ii) Gha of the above statutory Rule, clearly provides that besides the requisite qualification for appointment on the post of Professor, the appointment shall be made by selection after an advertisement is made at All India basis from amongst the Associate Professors having five years of teaching experience in the concerned Department. Admittedly the appellant did not possess the requisite five years of teaching experience as an Associate Professor in the Department of Obstetrics & Gyneocology on the date of her appointment as she was appointed as an Associate Professor only on 12.06.1995 (Annexure3) and by notification under challenge she was appointed as Professor on 25.04.1998. Thus, within two years of becoming Associate Professor, the appellant was appointed as Professor, which is contrary to the aforesaid statutory Rules. Secondly, the same was also made without any advertisement as required under Rules. 9. The learned Single Judge while quashing the appointment of the appellant, directed the respondent authorities to consider the candidature of eligible candidates for promotion to the post Professor in the department of Obstrerics & Gyneocology strictly in accordance with the mandate of the aforesaid statutory Rules framed under Article 309 of the Constitution of India as also the relevant regulation of the Medical Council of India. 10. After the judgment and order under appeal was passed, by notification issued under the signature of the Deputy Secretary, Government of Bihar, as contained in Memo no. 649 (17) dated 21.11.1998 (Annexure-M to the memo of L.P.A. No. 1323 of 1998), the appellant was granted notional promotion to the post of Associate Professor w.e.f 18.05.1983 placing the appellant above the writ petitioner in the seniority list as annexed to the above notification dated 21.11.1998. It is, however, relevant to note that before issuance of this notification granting notional promotion to the appellant on post of Associate Professor w.e.f 18.05.1983, the respondent State had already issued the notification dated 25.04.1998 (Annexure-4) promoting and posting the appellant as Professor in the same department w.e.f 19.02.1997, which has been quashed and rightly done so since the appellant did not possess the requisite teaching experience of five years as an Associate Professor on the date i.e. 25.04.1998 when she was promoted as Professor, as aforesaid. 11. 11. Notwithstanding the above, it is an admitted position that after the impugned judgment, the respondent State sent requisition to the Bihar Public Service Commission (B.P.S.C.) for selecting and sending recommendations of the suitable candidates for appointment on the post of Professors in the Department of Obstetrics & Gyneocology against the available vacancies in the Medicai Colleges in the State. The B.P.S.C. issued the advertisement for the same on 18.12.1998. The writ petitioner and the appellant took the chance of selection and both willingly applied for their appointment on the post of Professor in the aforesaid department. After going through due selection process, the appellant as well as the respondent no.1 both were selected and appointed on 6.10.2001 (Annexure-G/1 to the 2nd supplementary counter affidavit of the respondent no.1 in L.P.A.No. 1323 of 1998) as Professor on the recommendations made by the Bihar Public Service Commission for their appointment in order of merit vide letter no. 84 dated 22.6.2000 (Annexure-A/1 to the supplementary counter affidavit of the respondent no.1) The writ petitioner, who was at si no.1, was posted at Nalanda Medical College Hospital (N.M.C.H.), Patna whereas the appellant, who was below the writ petitioner in the merit list, was posted at Patna Medical College Hospital (P.M.C.H), Patna in the aforesiad department. Therefore, raising of any grievance on the part of the appellant with regard to the quashing of the impugned notification dated 25.04.1998 is virtually of no substance as continuing asserting her right through the alleged promotion of the appellant as Professor does not subsist after accepting her direct appointment on 6.10.2001 on the post of Professor through an open selection accepted both by the appellant as well as the respondent no.1. The writ petitioner, however, on being aggreived by her posting at N.M.C.H., Patna who claimed for her posting at P.M.C.H., Patna being her first choice filed the writ petition vide C.W.J.C. No. 13816 of 2001, which was allowed as per judgment and order dated 2.4.2002 (Annexure-8) directing for considering the posting of the writ petitioner at P.M.C.H. The appellant herein and the State of Bihar challenged the above decision by the filing Letters Patent Appeal, which was referred to Full Bench for decision. The said appeal was dismissed vide order dated 21.2.2006 reported in 2006(1) P.L.J.R. Page 737. The said appeal was dismissed vide order dated 21.2.2006 reported in 2006(1) P.L.J.R. Page 737. The S.L.P. (Civil) No. 8713 of 2006 against the above was dismissed by the Hon ble Supreme Court on 31.07.2006, as contained in Annexure-F/1 to the supplementary counter affidavit filed on behalf of the respondent no.1. The writ petitioner/respondent no.1 was eventually posted at P.M.C.H., Patna and the appellant was reposted at N.M.C.H., Patna and both of them have accordingly joined the new place of posting. 12. The present appeals were heard at length on several dates. Parties filed their respective written arguments/submissions in support of their cases. We have carefully gone through the records as also heard the parties in detail. The appellant filed an application bearing no. 925/07 on 27.02.2007 although not relevant to the matter in issue after the hearing was concluded and judgment reserved. The appellant through the above interlocutory application brought on record the notification dated 29.01.2007, whereby provisional seniority list of the Professor in Medical Colleges of Bihar was issued inviting objections, if any, within stipulated time from the concerned Professors including the Appellant and respondent no.1. This has nothing to do in these appeals. 13. In the facts and circumstances of the case, we find that the appellant and the State have no case on merit, and as such, the above appeals deserves to be dismissed as we are in complete agreement with the decision and the reasons assigned by the learned Single Judge that the impugned order granting promotion to the appellant on the post of Professor as per notification dated 25.04.1998 (Annexure-4 of the writ application) was in violation of the Statutory Rules issued by the Respondent-State as referred to in the foregoing paragraphs as also the relevant Regulation of the Medical Council of India in the subject under consideration. The amendment to the above Rule is brought on the record vide Annexure-1 to the interlocutory application bearing I.A. No. 421 of 2005 in L.P.A. No. 1323 of 1998 filed by the appellant has no bearing on the issue in question. The amendment to the above Rule is brought on the record vide Annexure-1 to the interlocutory application bearing I.A. No. 421 of 2005 in L.P.A. No. 1323 of 1998 filed by the appellant has no bearing on the issue in question. The above appeals otherwise also deserves to be dismissed on account of the factual developments taking after passing of the judgment and order under appeal and for the reasons discussed in the earlier paragraphs are, however, summarized below, which are not in dispute:- (a) State Government as per letter dated 22.11.1998 sent requisition to the Bihar Public Service Commission (B.P.S.C.) for sending recommendation for appointment of Professors in the Department of Obstetrics & Gyneocology. (b) The original writ petitioner and the appellant herein both applied for their selection to the post of Professor against the Advertisement issued by the B.P.S.C. vide advertisement no. 130 of 1998. (c) The Bihar Public Service Commission recommended the appellant as well as respondent no.1 in LP.A. No. 1323 of 1998 for their appointment as Professor in the concerned department. Both of them were appointed as Professor in the aforesaid Department in N.M.C.H. & P.M.C.H. vide notification dated 6.10.2001. (d) The writ application vide. C.W.J.C. No. 13816 of 2001 of the respondent no.1 for her posting at P.M.C.H. was unsuccessfully contested by the appellant-vide judgment and order dated 21.2.1996 reported in 2006(1) P.L.J.R. 737 . 14. In the facts and circumstances and for the aforesaid reasons, we find no merit in both the appeals. Consequently, these Letters Patent appeals are dismissed. No cost.