Mithila Minority Dental College And Hospital v. The State Of Bihar Through Sri Pratyaya Amrit
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1047 of 2022 In Civil Writ Jurisdiction Case No.4825 of 2019 ====================================================== Mithila Minority Dental College and Hospital Ekmi Ghat, P.S.- Laheriasarai, Darbhanga through its Managing Director Imbesat Shaukat, aged about 48 years (Male), S/o Acharya Shaukat Ali, Resident of Firoz Palace, Flat No. 402, Indrapuri, Near Belal Masjid, Raja Bazar, P.S.- Shastrinagar, DistrictPatna ... ... Petitioner/s
Versus
1.
The State of Bihar through Sri Pratyaya Amrit Principal Secretary, Department of Health and Family Welfare, Bihar, Patna. 2.
Sri Shailesh Kumar The Deputy/Under Secretary, Department of Health and Family Welfare, Bihar, Patna.
3.
Dr. Harish Shankar Mishra The Superintendent, Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga.
4.
The Dental Council of India through Dr. S. Saha Secretary Aiwain Galib Marg, Temple Lane, Kotla Road, New Delhi.
5.
The L.N. Mithila University through Dr. Mushtaque Ahmed Registrar, Kameshwar Nagar, Darbhanga.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Zainul Abedin For the Opposite Party/s :
Mr.Ajay Behari Sinha (Ga 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2022 The present contempt petition has been filed alleging disobedience of the orders of this Court dated 23.04.2019 passed in CWJC No. 4825 of 2019 to the extent that despite the Health Department having filed an affidavit in the said writ petition stating therein that the department shall abide and
Patna High Court MJC No.1047 of 2022(3) dt.10-08-2022 2/3 follow the observership programme of AIIMS, Phulwarisharif, Patna and will allow the students of petitioner to undergo the same in accordance with the terms and conditions of observership programme of AIIMS, Phulwarisharif, Patna, nonetheless, it is the allegation of the petitioner College that subsequently the Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga has raised a demand to the tune of Rs. 3 lakhs upon the petitioner's college for permitting its student to undergo the observership programme.
The contemnor/ opposite party no.3 has filed an affidavit wherein in paragraph No.6 it has been stated that the fee has been fixed @ Rs. 10,000/- for imparting training to the post Graduate students of the private Dental College, whereafter the contemnor No.3 has not pressed for deposit of the said amount of Rs. 3 lakh.
In such view of the matter, the learned counsel for the petitioner submits that a quietus be given to the present contempt petition, however, the stand of the contemnor no. 3 be noted to the effect that the petitioner college shall be charged only a sum of Rs. 10,000/- for the observership programme. Accordingly, the present contempt petition stands disposed of, however, taking note of the statement made by the
Patna High Court MJC No.1047 of 2022(3) dt.10-08-2022 3/3 Contemnor no.3 in paragraph no.6 of the show cause reply filed in the present case to the effect that the Health Department, Government of Bihar, Patna vide resolution dated 31.12.2018, has fixed Rs. 10,000/- for imparting training of the Post Graduate students of the private Dental College whereafter, the petitioner has not been pressed to pay a sum of Rs. 3 lakhs. (Mohit Kumar Shah, J) Tiwary/- U