Dr. Surendra Prasad v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24250 of 2019 ====================================================== Dr. Surendra Prasad S/o Late Jagdish Prasad Resident of Pramila Kunj, Pawati Path, New Chitra Gupta Nagar, Kankarbagh, P.s.- Kankarbagh, Distt. and Town- Patna ... ... Petitioner/s

Versus

1.

Union of India through Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, Near Udyog Bhawan Metro Station, Maulana Azad Rd. New Delhi, Delhi-110011.

2.

Dental Council of India through its Secretary, Alwan-e-Galib Marg, Kotla Road, New Delhi-110002.

3.

State of Bihar through Secretary, Health Department, Govt. of Bihar, 1st Floor, Vikas Bhawan, Bailey Road, Patna-800015. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Babu Singh, Advocate For the Respondent/s :

Ms. Punam Kumari Singh, C.G.C.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/5

3/5 After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned i.e. Respondent No. 2, Dental Council of India through its Secretary, Alwan-e-Galib Marg, Kotla Road, New Delhi-110002, or any of the statutory authority to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its

4/5 filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (e) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(f) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in

5/5 accordance with law and with reasonable dispatch; (g) Liberty reserved to the petitioner to approach the appropriate forum, if the need so arises subsequently on the same and subsequent cause of action;

(h) We have not expressed any opinion on merits. All issues are left open;

(i) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date