P. Rai Homeopathic Medical College And Hospital v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24386 of 2018 ====================================================== P. Rai Homeopathic Medical College And Hospital, Baghelwa, Rajpur, Buxar, P.S. - Buxar, Dist. - Buxar through its Secretary Manoj Kumar, son of Sri Rameshwar Pandey, resident of House No. 517/85, Lane No. 2, Shivpuram, Vijay Nagar, Rukanpura, Patna, P.S. - Rupaspur, Dist. - Patna. ... ... Petitioner/s
Versus
1. The Union of India, Ministry of Ayurveda and Naturopathy, Yoga, Unani, Siddha and Homeopathy (AYUSH), Ayush Bhavan, B Block, GPO Complex, INA New Delhi - 110023 through its Director.
2. The Director, Ministry of Ayurveda and Naturopathy, Yoga, Unani, Siddha and Homeopathy (AYUSH), Ayush Bhavan, B Block, GPO Complex, INA New Delhi - 110023 through its Director.
3. The Central Council of Homeopathy, 61-65, Institutional Area, Opposite D-Block, Janakpuri, New Delhi - 110058 through its President.
4. The President, Central Council of Homeopathy, 61-65, Institutional Area, Opposite D-Block, Janakpuri, New Delhi - 110058.
5. The State of Bihar, Department of Health and Family Welfare, Government of Bihar, Patna through its Principal Secretary.
6. The Principal Secretary, Department of Health and Family Welfare, Government of Bihar, Patna.
7. BBA Bihar University, Muzaffarpur through its Registrar.
8. The Registrar, BBA Bihar University, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaidehi Raman Prasad Singh For the Respondent/s :
Mrs. Ratna Kumari, AC to PAAG 2 For Respondent 1&2 for UOI:
Mr. S.D. Sanjay, Additional Solicitor General Mr. Rajesh Kumar Verma, CGC For University :
Mr. Vikash Ratna Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 The short relief, which the petitioner is seeking in the present writ application, is to direct the respondent-State of Bihar to grant the petitioner no objection certificate for starting Homeopathy Medical College and Hospital at Buxar. Mr. Singh, learned counsel appearing on behalf of the
Patna High Court CWJC No.24386 of 2018(2) dt.18-12-2018 2/2 petitioner, contends that an inspection was also conducted for the purpose of grant of no objection certificate, but the report so prepared is not signed by one person, who has also inspected the site.
Considering the nature of relief, which the petitioner is seeking, I dispose of this writ application with a direction that if the petitioner approaches the Director, Health Department, Government of Bihar, for grant of no objection certificate, he shall proceed expeditiously in accordance with law after taking into account the materials available on record including the inspection report, if any. If there is an inspection report, which has been prepared by a Committee not duly constituted, the Director may constitute an inspection team afresh for the purpose of inspection so as to take a decision on the question of grant of no objection certificate.
This application stands disposed of with the aforesaid observations.
(Chakradhari Sharan Singh, J) Pawan/Ragini U