Dr. Arun Kumar vs The State Of Bihar
2023 Latest Caselaw 3280 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20544 of 2019
     ======================================================

Dr. Arun Kumar Son of late Ram Nagina Prasad, Resident of Nil Kothi Dehri On Son, P.S. Dehri On Son District- Rohtas, Presently State General Secretary, Bihar State Ayurvedic Congress, Railway Hunter Road, East Lohanipur, Patna- 3, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary,Govt. of Bihar, Patna.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Principal Secretary, Health, Govt. of Bihar, Patna.

4. The Secretary, Ministry of Ayush, Ayush Bhawan, Government of India, New Delhi.

5. The Secretary Central Council of Indian Medicine, 61-65 Institutional Area, Janakpuri, New Delhi.

6. The Registrar, Bihar State Ayurvedic and Unani Chikitsa Parishad, K-52 Hanuman Nagar, Patna- 800020

7. The Administrator/ Principal, Ramji Prasad Raj Kumari Devi Ayurvedic Medical College, Fatuha, P.S. Fatuha, Dist.- Patna.

8. The Administrator/ Principal, Sri Harishakuntalayan Ayurvedic Medical College and Hospital, Muzaffarpur, P.S. and Dist.- Muzaffarpur,

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s                  : None
     For the Respondent No. 5        :        Mr. Janardan Prasad Singh, Sr. Advocate

For Central Council of Indian Medicines: Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 26-07-2023

None appeared for the petitioner when the matter was

called up in the morning and later when it was called up for

hearing.

2. The petitioner alleges illegalities in the matter of Patna High Court CWJC No.20544 of 2019 dt.26-07-2023

admission to Graduate of Ayurvedic Medicine and Surgery

(hereinafter referred to as G.A.M.S.) courses in the 7th and 8th

respondent colleges; which respondents were not originally

impleaded and later impleaded on the directions of this Court.

The petitioner merely makes bland allegations of the admissions

having been made against the norms of the Central Government

and the State Government without any affiliation/ approval/

permission of the competent authority of the State Government

and the Central Government. The petitioner also relies on the

decision of the Hon'ble Supreme Court dated 01.11.2017 in

Civil Appeal No. 4643-4646 of 2003.

3. The petitioner in the memorandum does not point

out any specific violation carried out by the two institutions and

makes broad allegations without any substantiation. The

petitioner in the writ petition of the year 2019 also claims that

the illegal admissions to the G.A.M.S course related back to the

year 2004-2005. The counter affidavit of the State clearly states

that the Apex Court had not declared the G.A.M.S degree to be

invalid after 2003. It was only declared that the G.A.M.S degree

would be valid only if the institution seek permission from the

Central Government for the medical qualification to be

recognized. The decision produced as Annexure-1 also declared Patna High Court CWJC No.20544 of 2019 dt.26-07-2023

that the amendments brought to the Indian Medicine Central

Council Act, 1970, in the year 2003 does not invalidate the

qualifications already conferred by the previously established

medical colleges.

4. We find no reason to issue any directions as sought

for, especially at this distance of time and also on the basis of

the bland allegations raised.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Anushka/-

AFR/NAFR
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Uploading Date          02.08.2023
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