Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17631 of 2023 ====================================================== Santosh Kumar Yadav Son of Rajendra Prasad Yadav Resident of Village Laxmipur, Ward No.- 06, P.S.- Mufassil, Motihari, District- East Champaran, Pin Code- 845402.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

District Magistrate- cum- Collector, Motihari, East Champaran. 4.

Civil Surgeon, Motihari, District- East Champaran. 5.

Rakesh Chandra, Son of Arun Kumar Yadav Resident of Village- Laxmipur, P.S.- Mufassil, Motihari, Currently, running Hospital at Dr. B.K. Singh, P.O.- Rajendra Nagar, Motihari, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Alka Singh, Advocate For the Respondent/s :

Mr.Vikash Kumar ( SC- 11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024 The present writ petition has been filed seeking the following reliefs:- "1. I That the present writ application is being filed in the nature of Mandamus for a direction to the District Magistrate-cum -Collector, East Champaran, Motihari to decide the representation dated 16.06.2023 in accordance with law; on the ground that the private respondent is not a medical practitioner in terms of Indian Medical Council Act, 1956 and has qualified or registered himself or

Patna High Court CWJC No.17631 of 2023(2) dt.21-06-2024 2/2 passed such exam, the degree is from foreign country(Nepal);

II. That the present writ application is being filed in the nature of Mandamus for a direction to the District Magistrate-cum-Collector, East Champaran, Motihari as well as the Civil surgeon, East ChamparanMohitari to conduct an inquiry with regard to the requisite qualification of the Private respondent in relation to the act and take a proper action against the private respondent on the representation filed by the present petitioner."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Motihari for redressal of his aforesaid grievances. Liberty so sought is granted.

3.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U