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Patna High CourtCWJC/17517/2016disposed

Vishwas Tripathi And ORS v. The State Of Bihar And ORS

2017-11-01Mr. Justice Ajay Kumar Tripathi4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17517 of 2016

1. Vishwas Tripathi, son of Naresh Chandra Tripathi, resident of 670/39, Radha Nagar, 5th Street, Kanpur Road, Near Billgram Chungi, District - Hardoi (UP) Pin - 241001.

2. Rochak Gupta, son of Om Prakash Gupta, resident of Shiv Shambhu Vastralaya, Mirchipati, Raxaul, District - East Champaran - 845305

3. Anil Kumar Ojha, son of Sita Ram Ojha, resident of Village & P.O. - Ranipur, District - Gonda - 271202 (UP)

4. Kunj Bihari, son of Sanjay Kumar, resident of Village - Bishnupur, P.O. - Devra, District- Jehanabad-804432

5. Trishala Bharti, daughter of Deepak Kumar, C/o Deepak Stores, Opp. Gowenka College, District - Sitamarhi - 843302

6. Manish Rundla, son of Roop Narayan Rundla, resident of Manish Medical, Patel Farm House, Tehsil - Phulera, District - Jaipur - 303338 ( Rajasthan)

7. Akansha, daughter of Sushant Kumar, residence no. 1 1 Block Road Female Hospital, Tehsil - Pilibhit, District - Pilibhit (UP) Pin - 262122

8. Mohammad Saleem, son of Md. Shakir, resident of G-20, Anmol Bed Sheet Centrer, Tilak Complex, Madanganj, Kishangarh (Ajmer) (Rajasthan) Pin - 305801

9. Mosrat Jahan, son of Md. Nijamuddin, AT + P.O. - Sasamusa, District - Gopalganj - 841505 (Bihar)

10. Sumit Biswas, son of S. K. Biswas, resident of House No. - 199, Block-I, Premnagar-II, Kirari, Nangloi, Delhi -86

11. Bobby, son of Chet Ram, resident of House No. 90, Ward No. - 5, Farrukhnagar, Gurgaon, Haryana - 122506 12 Chaman Saini, son of Jai Chand Saini, resident of Saini Pharmacy, Main Bus Stand, Farrukhnagar, Gurgaon, Haryana - 1222506

13. Rana Pratap Singh, son of Ram Shanker Singh, resident of House No. 135 - Education Ram Nagar Colony Industrial Area, Gorakhnath, Gorakhpur (UP) Pin - 273015

14. Ali Khursheed, son of Khursheed Aziz, resident of Ward No. 20, Bhawanipur, Zirat, Motihari, East Champaran - 845401 (Bihar)

15. Akram Jawed, son of Anisur Rahman, resident of Ward No. 25, Near Bangala S, Hospital Road, Bettiah, West Champaran, Bihar - 845438

16. Aaiza Kausar, daughter of Kausa Imam Hashmi, resident of G. N. Ganj, Laheria Sarai, Darbhanga - 846 001 ... ... Petitioner/s

Versus

1. The State Of Bihar through Chief Secretary

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

3. The Director of Medical Education, Bihar

4. The Medical Council of India, through its Secretary, Sector - 8, Pocket - 14, Dwarka Phase - 1, New Delhi - 110077 5 The Union of India through its Secretary, Ministry of Heath & Family Welfare, Department of Health & Family Welfare, Government of Bihar, Nirman Bhawan

6. The Vice Chancellor, B. N. Mandal University, Lalu Nagar, Madhepura

7. The B. N. Mandal University through its Registrar, Lalu Nagar, Madhepura

2/4

8. Lord Buddha Koshi Medical College & Hospital, Baijnathpur, Saharsa - 852201 through its Chairman ... ... Respondent/s with Civil Writ Jurisdiction Case No. 7655 of 2017

1. Nilu Bharti, daughter of Sri Suresh Kumar Modi, resident of Mohalla- Navratan Hata, Purnea, P.S.- Khajanchi Hat, DistrictPurnea.

2. Ghaiyoor Ahmad, Son of Hasibuddin, resident of VillageKashibari, P.S.- Joki Hat, Araria, District- Araria. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary.

2. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna- 1.

3. The Director-in-chief, Health Services, Government of Bihar, New Secretariat, Patna- 1.

4. The Director of Medical Education, Bihar, Patna.

5. The Medical Council of India, through its Secretary, Sector- 8, Pocket- 14, Dwarka Phase-1, New Delhi- 110077.

6. The Union of Indian, through its Secretary, Ministy of Health & Family Welfare, Department of Health & Family Welfare, Govt. of India, Nirman Bhawan, New Delhi.

7. The B.N. Mandal University, through its Registrar, Lalu Nagar, Madhepura.

8. The Vice Chancellor, B.N. Mandal University, Lalu Nagar, Madhepura.

9. Lord Buddha Koshi Medical College & Hospital Baijnathpur, Saharsha852201 through its Chairman.

10. The Principal, Lord Buddha Koshi Medical College & Hospital, Baijnathpur, Saharsha- 852201.

... ... Respondent/s Appearance :

(In Civil Writ Jurisdiction Case No. 17517 of 2016) For the Petitioner/s :

Mr. Y. V. Giri Sr. Advocate Mr. Pranav Kumar Advocate For the Union of India :

Mr. S. D. Sanjay Addl. S.G.

Mr. Satyavrat Verma CGC For the College :

Mr. Amit Pandey Advocate For the MCI :

Mr. Kumar Brijnandan Advocate Mr. Tarees Hameed Advocate For the State :

Mr. Rajeshwar Singh

3/4 GA-10 Mr. Rana B. N. Singh AC to GA-10 (In Civil Writ Jurisdiction Case No. 7655 of 2017) For the Petitioner/s :

Mr. Y. V. Giri Sr. Advocate Mr. Pranav Kumar Advocate For the Union of India :

Mr. S. D. Sanjay Addl. S.G.

Mr. Satyavrat Verma CGC For the College :

Mr. Amit Pandey Advocate For the MCI :

Mr. Kumar Brijnandan Advocate Mr. Tarees Hameed Advocate For the State :

Mr. Rajeshwar Singh GA-10 Mr. Rana B. N. Singh AC to GA-10 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 01-11-2017 Heard learned counsels for the parties, including the Additional Solicitor General appearing on behalf of Union of India.

Today a letter, dated 31.10.2017, issued under the signature of the Joint Secretary, Medical Council of India, has been handed over to the Court by the counsel for MCI. Since the admission etc. has already been provided to the students and only a formal notification is required to be issued by the Ministry of Health, Government of India. It is expected that the formality of issuance of notification must be carried out without further delay by the Ministry.

Since admissions have already been granted to the students

4/4 and they are pursuing their studies on the orders of the State of Bihar, which has due approval of the Medical Council of India, both the writ applications now stands disposed off. A copy of the said communication is also placed on record for future reference.

(Ajay Kumar Tripathi, J) skm/- U