Vaidya Dr. Subash Chandra Verma And ANR v. The Union Of India Through Its Secretary, Ministry Of Ayush, Ayush Bhawan And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 4641 of 2018 Along with Interlocutory Application No. 1 of 2019 Arising out of Civil Writ Jurisdiction Case No.18797 of 2016 ====================================================== 1.

Vaidya Dr. Subash Chandra Verma, Son of Late Saryug Prasad Verma, Resident of Village- Brahampur, P.S.- Brahampur, District- Buxar. 2.

Vaidya Dr Mantosh Kumar Jha, Son of Dr Indra Mohan Jha, Resident of Bateshwar Bhawan, Post- Ranti, District- Madhubani. ... ... Petitioner/s

Versus

1.

The Union of India through its Secretary, Ministry of Ayush, Ayush Bhawan , B- Block, G.P.O. Complex, INA, New Delhi. 2.

Sri Vaidya Rajesh Kotecha, Secretary, Ministry of Ayush, Ayush Bhawan, BBlock, G.P.O. Complex, INA, New Delhi. 3.

Sri Sanjai Kumar, Principal Secretary to the Government, Department of Health, Government of Bihar, Patna.

4.

Smt. Shamshad Bano, the Secretary, Central Council of India Medicine, 6165, Industrial Area, Janakpuri, New Delhi-110056. 5.

Dr Jhulan Prasad Singh, Director Deshi Chikitsa (Ayurved) Department of Health, Government of Bihar, Patna- Contemnor. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For the Opposite Party No. 4 :

Mr. Janardan Prasad singh, Sr. advocate Mr. Dipak Kumar, Advocate For the U.O.I.

:

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

Mr. Rajesh Kumar Verma, C.G.C.

For the State :

Mr. Ajay Behari Sinha, G.A. 8 Mr. Neeraj Raj, A.C. to G.A. 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 03-04-2019 Heard. Mr. Surendra Kumar Singh, learned counsel for the petitioners; Mr. S. D. Sanjay, learned Additional Solicitor General assisted by Mr. Rajesh Kumar Verma, learned C.G.C. for the Union of India; Mr. Janardan Prasad Singh, learned

Patna High Court MJC No.4641 of 2018(7) dt.03-04-2019 2/3 senior counsel assisted by Mr. Dipak Kumar, learned counsel for the Central Council of Indian Medicine; learned A.C. to G.A. 8 for the State and Mr. Sanjay Kumar, learned counsel for the proposed intervenor.

2. Pursuant to order dated 14.03.2019, the opposite party no. 4 has filed affidavit in which it has been stated that the order of the Court dated 24.11.2016 passed in C.W.J.C. No. 18797 of 2016 has been complied with and the petitioners have been allowed to attend the meetings of the Central Council of Indian Medicine held on 30.03.2019 and 31.03.2019.

3. At this juncture, learned counsel appearing for the opposite party no. 4, on a query of the Court, categorically stated that in future also, the petitioners shall be allowed to attend such meetings, till such time the Central Council of Indian Medicine is not reconstituted, in accordance with law, as per the direction of the Court in order dated 24.11.2016 in C.W.J.C. No. 18797 of 2016.

4. Learned counsel for the petitioners does not dispute the aforesaid position.

5. In view of the aforesaid and the fact that unqualified apology has been tendered by the opposite party no. 4, the Court does not propose to proceed in the matter any

Patna High Court MJC No.4641 of 2018(7) dt.03-04-2019 3/3 further.

6. Accordingly, the application is disposed off in terms of the undertaking given by learned counsel for the opposite party no. 4, with regard to permission to the petitioners to participate in future meetings of the Central Council of Indian Medicine, in terms of order dated 24.11.2016 in C.W.J.C. No. 18797 of 2016.

7. Interlocutory Application No. 1 of 2019 also stands disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar U