Manibhushan Pratap Sengar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15923 of 2015 ====================================================== Manibhushan Pratap Sengar, son of Jitendra Kumar Singh , Advocate, Patna High Court, resident of Mohalla Premji Colony, Kharaunia Bagicha, P.S. BY-Pass, District Patna .... .... Petitioner/s

Versus

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

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

3. The District Magistrate, Patna

4. The Principal, Government Ayurvedic College and Hospital, Kadamkuan, Patna, P.S. Kadamkuan, District Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manibhushan Pratap Sengar For the Respondent/s : Mr. Roy Shivaji Nath ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH) 13-05-2016 With the help of this Public Interest Litigation, the petitioner seeks direction to the respondents to provide basic facilities for proper functioning of Government Ayurvedic College and Hospital, Kadamkuan, situated at Kadamkuan, Patna, and also to fill-up the vacant posts of Lab Technicians and Senior Faculties in the respondent College.

A Counter Affidavit as well as Supplementary Counter Affidavit have been filed on behalf of the respondents. Mr. Roy Shivaji Nath, learned Additional Advocate

Patna High Court CWJC No.15923 of 2015 (5) dt.13-05-2016 2/3 General No.3, appearing for the State, submits that required steps are being taken by the Health Department, Government of Bihar, to equip the Institution with amenities for its smooth functioning. Besides this, the Health Department, vide its notification No. 498, dated 18.04.2016, has granted promotions to the eligible teachers, who possess requisites qualifications for the post of Readers as well as Professors in different departments of Ayurveda. Moreover, the Departmental Promotional Committee has also cleared the names of eligible teachers for promotion to various posts in different departments.

Further-more, conditional permission, for academic sessions 2015-16, has already been granted by the Ministry of Ayush, Government of India, New Delhi, on the basis of the report submitted by the Principal, Rajkiya Ayurvedic College, Patna.

So far as functioning of Panchkarma Department is concerned, learned Additional Advocate General submits that the Director, Indigenous Medicine, Health Department, Government of Bihar, vide its letter No. 559, dated 11.05.2016, has sought detailed report from the Superintendent, Rajkiya Ayurvedic College & Hospital, Patna, and a sum of Rs.2.00 crores (Rs. Two crores), as provided by the Government of India, for upgradation

Patna High Court CWJC No.15923 of 2015 (5) dt.13-05-2016 3/3 of the Institute, have already been utilized in the construction works and purchase of machines and equipments. In view of the Counter Affidavits, we are satisfied that the respondents have taken steps for improving the basic facilities of Government Ayurvedic College and Hospital, Kadamkuan, Patna.

In view of the above and in the interest of justice, the writ application is accordingly disposed of with liberty granted to the petitioner to approach this Court with appropriate application, in future, if such a situation arises.

(I.A. Ansari, ACJ) (Samarendra Pratap Singh, J) kunal/- U