IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2016 of 2009
DR.KAMESHWAR SINGH
Versus
THE STATE OF BIHAR & ORS
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5 29.6.2010 Learned counsel for the petitioner is permitted to add
Union of India, Ministry of Health and Family Welfare ,
Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha
and Homoeopathy as a party respondent .
The dispute , in the present case, relates to the power
of the Governing Body, as constituted by the State of Bihar for
the said college under Section 8 of the Bihar Homeopathy
Chikitsa Shikchan Sanstha (Biniyaman Awam Niyantran)
Adhiniyam, 1987 has power to remove the petitioner, who is
Principal of private Homeopathic College after the college has
received affiliation from Baba Saheb Bhimraj University and
had got recognization from the Central Government on
recommendation of Central Council under Homeopathic Central
Council Act. 1973.
According to the petitioner once permanent
affiliation has been granted, the Bihar Act would not apply and
the Governing Body, as constituted by the State would seize to
operate. As to what body would govern, the position remains
nebulous .
On the other hand on behalf of Institution it I
submitted that in 2007 itself the Central Council recommended
2
de-recognization of the college. It stopped admission to the
college. It asked the State Government to immediately start
proceeding for de-recognition. What happened thereafter is not
known to any body.
Let petitioner serve two copies of the writ petition on
Assistant Solicitor General, who shall take steps and file a
comprehensive counter affidavit within one month.
State and University are directed to file specific
counter affidavits on this matter of affiliation and recognization
within a month.
Put up this case under the same heading on 16th of
August, 2010.
( Navaniti Prasad Singh, J.)
singh