Dr. Ashish Dinendra Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10956 of 2013 ====================================================== 1.

Dr. Ashish Dinendra Singh Son Of Dinendra Kumar Sinha Presently Residing At- Room No.- 59, Above Labour Room, 5th Floor, P.M.C.H., P.S.- Pirbahore, District- Patna. Permanent Resident Of B-10, Satelite Park, Behind Gcc Club, Hathkesh Indust., Mangal Bazar, Mira Road E, Mumbai, Maharashtra 2.

Dr. Abhishek Kumar Son Of Late Daroga Singh Resident Of Flat No. 1/A. Satish Palace, Budh Marg, P.S.- Kotwali, Patna- 1 3.

Dr. Lalit Kumar Son Of Kameshwar Tatma Presently Residing At- Room No.- 103, Dh-1, P.M.C.H., P.S.- Pirbahore, Patna. Permanent Resident Of House No.- Subhash Nagar, District- Purnia Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar Government Of Bihar, Patna 2.

The Secretary, Department Of Health, Medical Education And Family Welfare, Government Of Bihar, Patna 3.

The Director, Department Of Health, Medical Education And Family Welfare, Government Of Bihar, Patna 4.

The Medical Council Of India Through Secretary, Pocket- 14, Sector- 8, Dwarka Phase- 1, New Delhi- 110075 5.

The Vice Chancellor, Patna University, Patna, Bihar 6.

The Registrar, Patna University, Patna, Bihar 7.

The Principal, Patna Medical College, Patna, Bihar 8.

The Head Of Department, D.T.C.D. Medicine, Patna Medical College, Patna 9.

The Aryabhatta Knowledge University Through Registrar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan, Adv.

For the BPSC :

Mr.Sanjay Pandey, Adv.

For P.U.

:

Mr. Digvijay Singh, Adv.

Mr. B.J. Jha, Adv.

For MCI :

Mr. Kumar Brijnandan, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-02-2020 This case was listed along with CWJC No.4759 of

Patna High Court CWJC No.10956 of 2013(52) dt.26-02-2020 2/3 2013 and Analogous cases today but is being disposed off separately by the following order:

Petitioners have inter alia prayed for the following relief/s:

"(i) For issuance of writ or writs in the nature of mandamus commanding the Respondents for inspection of Postgraduate Diploma in Tuberculosis & Chest Diseases (D.T.C.D.) course of Patna Medical College, Patna which is running since 1965, so, that the aforesaid course should be recognized and the career of the students pursuing the aforesaid course should be saved.

(ii) Issuance of further direction/s to the respondents to complete all the formalities so that the inspection of the Postgraduate Diploma in Tuberculosis & Chest Diseases (D.T.C.D.) Course of Patna Medical College, Patna should be done by Medical Council of India in present academic session so that the future of the students pursuing the aforesaid course should be saved.

(iii) Issuance of writ/s in the nature of declaration that the respondents do not have any authority to withhold the inspection of the postgraduate Diploma in Tuberculosis & Chest Diseases (D.T.C.D.) course of Patna Medical College when the fees for the said inspection was already paid in 2006 and without having any basis and in a whimsical and arbitrary manner the inspection of the

Patna High Court CWJC No.10956 of 2013(52) dt.26-02-2020 3/3 Postgraduate Diploma in Tuberculosis & Chest Diseases (D.T.C.D.) course has been withheld. (iv) Issuance of writ/s in the nature of declaration that the respondents do not have authority to withhold the inspection of one course when other courses have been inspected and recognized."

Learned counsel for the petitioners states that during the pendency of the present petition save and except for one course, all courses stand recognized.

Such statement is disputed by the respondent Medical Council of India.

Be that as it may, learned counsel for the petitioners states that the present petition has become infructuous and it be disposed of.

Accordingly, instant petition stands disposed off as having become infructuous.

(Sanjay Karol, CJ) ( S. Kumar, J) pallavi/- U