Salfia Unani Medical College And Hospital v. Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23023 of 2018 ====================================================== Salfia Unani Medical College And Hospital son of Late Mahboob Ali, resident of Mohalla Khilalganj, P.S. Sasaram, District Rohtas. ... ... Petitioner/s

Versus

1.

Union Of India 2.

Under Secretary, Ministry of Ayurved, Yoga and Naturopathy, Unani, Siddha and Homeopathy AYUSH, AY 3.

Central Council of Indian Medicine through its Secretary, Ministry of Ayurved, Yoga and Naturopathy 4.

President, Central Council of Indian Medicines, Ministry of Ayurved, Yoga and Naturopathy, Unani, S 5.

Secretary, Central Council of Indian Medicines, Ministry of Ayurved, Yoga and Naturopathy, Unani, S ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Advocate For the U.O.I.

:

Mr. S.D Sanjay, A.S.G.

Mr. Rajesh Kumar Verma, A.C. to A.S.G.

For C.C.I.M.

:

Mr. Janardhan Prasad Singh, Sr. Advocate Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-08-2019 Heard Mr. Abhinav Srivastava, learned counsel for the petitioner, Mr. S.D. Sanjay, learned Additional Solicitor General, assisted by Mr. Rajesh Kumar Verma Assistant Solicitor General appearing for Union of India, Mr. Janardhan Prasad Singh, learned Sr. Advocate, assisted by Mr. Deepak Kumar appearing for Respondents 3 to 5.

The grievance of the petitioner in the present writ application is arbitrary decision of denial of permission for admissions to the petitioner's Institution for the previous

Patna High Court CWJC No.23023 of 2018(5) dt.01-08-2019 2/2 Academic Session.

Mr. Abhinav Srivastava, learned counsel for the petitioner, would submit that the academic session for which the petitioner institution has filed this writ application has now expired. In view of the aforesaid, the present writ petition may be disposed of with a direction to respondents to consider the case of the petitioner institution for grant of permission in accordance with law for current/next academic session without prejudice by the previous decision of refusal to grant permission.

In view of the above, the present writ application is disposed of with liberty to the petitioner to approach the competent authority for grant of permission in accordance with law. While taking decision, respondents are directed not to be prejudice by the previous decision and take appropriate decision within a period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) uma/- U