Patna High CourtCWJC/3017/2019dismissed

Upendra Roy v. The State Of Bihar And ORS

2019-02-19Mr. Justice Jyoti Saran,Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3017 of 2019 ====================================================== Upendra Roy, S/o Jhari Lal Roy Vill.- Jitwarpur Chauth, P.S.- Muffasil, Distt.- Samastipur ... ... Petitioner

Versus

1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Secretariat, Patna, Bihar

2. The Principal Secretary Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna

3. The Director of Medical Education/Director-in-Chief Health Services, Govt. of Bihar, Vikas Bhawan, Patna-800015, Bihar

4. Union of India through the Secretary Department of Health and Family Welfare, New Delhi

5. Medical Council of India New Delhi through its Secretary

6. Principal Secretary Land and Revenue Department, Govt. of Bihar, Patna

7. Bihar State Religious Trust Board through its Chairman

8. Sri Ram Janki Mandir Nayas Samiti Narghoghi, Saraiganj, Samastipur through S.D.O.-cum-Chairman ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Adv.

For the Respondent/s :

Mr. Anshuman Singh, AC to AG For the MCI : Mr. Kumar Brijnandan, Adv. For BSBRT : Mr. Ganpati Trivedi, Sr. Adv. For UOI : Ms. Nivedita Nirvikar, CGC. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 19-02-2019 Heard learned counsel for the parties.

Although a decision is taken by the State Government to establish a Medical College and Hospital in the District of Samastipur but it does not satisfy the petitioner because of its location.

In our opinion, Article 47 of the Constitution of India

Patna High Court CWJC No.3017 of 2019(2) dt.19-02-2019 2/2 obliges the State Government to take decision in this regard and if the State has proceeded to discharge such obligation, no cause for judicial review of the decision taken is made out. The writ petition is dismissed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Surendra/- U