Pratik College Of Education v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9165 of 2023 ====================================================== Pratik College of Education (Para Medical College), Tepaha, P.S. - Ziradei, Dist. - Siwan, Bihar - 841245 through its Managing Trustee Mukesh Kumar Roy, male, aged about 55 years, S/O Manager Roy, R/O C-2/16, Mangal Apartment, Vasundhara Enclave, S.O. East Delhi, Delhi -110096, Present Address- A-37 Vijay Shree Jagat Apartment, Kankarbagh, Patna- 800020. ... ... Petitioners

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Health Department, Bihar, Patna. 3.

The Additional Secretary, Health Department, Bihar, Patna. 4.

The Under Secretary, Health Department, Bihar, Patna. 5.

The OSD, Health Department, Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar, Advocate For the Respondent/s :

Mr.Nagendra Pd. Yadav, SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Petitioner, in the present case, is seeking a writ in the nature of writ of mandamus directing the respondents to grant 'No Objection Certificate' to the petitioner-Institute to establish a new Para Medical College.

3. A statement has been made in the writ application that pursuant to the application submitted by the petitioner an inspection team was constituted for inspection of the petitionerInstitute whereafter an inspection report has also been submitted

Patna High Court CWJC No.9165 of 2023(2) dt.13-07-2023 2/2 to the Department of Health, Govt. of Bihar on 31.03.2021. The grievance of the petitioner is that despite submission of the inspection report the respondents have not decided the application of the petitioner which has caused immense hardship to the petitioner - Institute.

4. Learned counsel for the State submitted that in the facts and the prayer made in the writ application, appropriate direction may be issued to the respondent authorities.

5. Having regard to the nature of the reliefs prayed in the writ application, this Court directs the Principal Secretary, Department of Health, Bihar, Patna (respondent no.2) to look into the grievance of the petitioner, consider the same and take an appropriate decision in the matter within a period of three months from the date of receipt/production of a copy of this order.

6. This Writ Application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U