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Patna High CourtCWJC/19350/2014allowed

Narayan Medical College And Hospital v. The State Of Bihar And ORS

2015-12-07Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19350 of 2014 =========================================================== Narayan Medical College & Hospital Jamuhar (Rohtas) through its Chairman, Gopal Narayan Singh, Son of Late Deo Narayan Singh, R/o Village + P.O.- Jamuhar, P.S. Dehri-on-Sone, District Rohtas. .... .... Petitioner

Versus

1. The State of Bihar, through the Secretary, Health & Family Welfare, Govt. of Bihar, Patna.

2. Medical Council of India, New Delhi through its Secretary.

3. Union of India, through its Secretary, Health & Family Welfare, New Delhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Rajeev Kumar Singh, Advocate Mr. Mukesh Kumar Singh, Advocate For the State :

Mr. Satyendra Kumar Jha, G.P.3 For Union of India :

Mr. Sujit Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 07-12-2015 Annexure-5 is the reminder addressed to the Secretary, Health and Family Welfare, Government of Bihar for issuance of Essentiality Certificate for increase of seats from 100 to 150 in M.B.B.S. Course. This letter is dated 15.09.2014. The earlier application in this regard also did not illicit any response from the respondents.

It is a very unacceptable position that the State authorities will sit over such issues for years together and also not respond to writ applications in time because the present writ application was filed more than a year ago on 13.11.2014. In spite of adjourning the matter and keeping it pending,

Patna High Court CWJC No.19350 of 2014 dt.07-12-2015 2 / 2 looking at the nature of the relief, the Principal Secretary, Health, Government of Bihar is directed to take cognizance of the issue of grant of Essentiality Certificate to the institution within a period of eight weeks from the date of production of a copy of this order. The time frame indicated must be adhered to.

Writ application is allowed in terms of the above direction.

(Ajay Kumar Tripathi, J.) Sanjay/- U