Patna High Court - Orders
Dr. Abhishek Kumar vs The State Of Bihar And Ors on 25 September, 2019
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4759 of 2013
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Dr. Madhukar and Anr
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 10956 of 2013
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Dr. Ashish Dinendra Singh and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 18739 of 2013
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Dr. Rajeev Chandra
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 18748 of 2013
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Dr. Abhishek Kumar
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 22723 of 2013
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Dr. Amit Kumar and Ors
... ... Petitioner/s
Versus
The Union Of India and Ors
Patna High Court CWJC No.4759 of 2013(52) dt.25-09-2019
2/5
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 17906 of 2015
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Dr. Anil Kumar Singh and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 16346 of 2016
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Dr. Om Prakash and Anr
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 4759 of 2013)
For the Petitioner/s : Dr. Rajeev Chandra
Mr. Jagjit Roshan
For the BPSC : Mr. Sanjay Pandey
For Patna University : Mr. Digvijay Singh
Mr. B.J. Jha
For the MCI : Mr. Kumar Brijnandan
For the State : Mr. Kinkar Kumar, SC-9
For UOI : Ms. Poonam Kumari
For the BMSICL : Mr. Vikash Kumar
(In Civil Writ Jurisdiction Case No. 10956 of 2013)
For the Petitioner/s : Mr. Om Prakash Singh
For the Respondent/s : Mr. Namrta Mishra
(In Civil Writ Jurisdiction Case No. 18739 of 2013)
For the Petitioner/s : Mr. Om Prakash Singh
For the Respondent/s : Mr. Nawal Kishor Singh Sc2
(In Civil Writ Jurisdiction Case No. 18748 of 2013)
For the Petitioner/s : Mr. Om Prakash Singh
For the Respondent/s : Mr. Kumar Brijnandan
(In Civil Writ Jurisdiction Case No. 22723 of 2013)
For the Petitioner/s : Mr. Harish Kumar
For the Respondent/s : Mr. Rakesh Ranjan, AC to GP-22
(In Civil Writ Jurisdiction Case No. 17906 of 2015)
For the Petitioner/s : Mr. Jagjit Roshan
For the Respondent/s : Mr.Gp6- Prashant Pratap
(In Civil Writ Jurisdiction Case No. 16346 of 2016)
For the Petitioner/s : Mr. Jagjit Roshan
For the Respondent/s : Mr. Ravi Kumar, AC to GP-13
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Patna High Court CWJC No.4759 of 2013(52) dt.25-09-2019
3/5
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
52 25-09-2019A supplementary counter affidavit has been filed on 18.09.2019 on behalf of Principal, Darbhanga Medical College, Laheriasarai wherein it has been stated that compliance report in respect of grant of recognition of Diploma in Anesthesiology course has been sent to the Medical Council of India/ Board of Governors on 14.09.2019.
Learned counsel for the Medical Council of India seeks six weeks' adjournment to seek instructions from the Medical Council of India to inform this Court the present status of grant of recognition in respect of the said course.
So far as grant of recognition of Diploma course in Tuberculosis is concerned, it has been stated at the Bar that the same has been granted by the Union of India.
Mr. Sanjay Pandey, learned counsel appearing on behalf of Bihar Public Service Commission has informed this Court that the Commission has sent recommendations for appointments against the posts of Assistant Professors in the Department of Cardiology (superspeciality), Nephrology (superspeciality) and Neurology (superspeciality) against Advertisements No. 27/2017, 30/2017 and 31/2017 respectively, to the Health Department, Government of Bihar on 30.08.2019. Patna High Court CWJC No.4759 of 2013(52) dt.25-09-2019 4/5 I must recall the stand taken on behalf of the State Government that the process of issuance of notification relating to appointment of Assistant Professors in various medical colleges shall take maximum of six weeks, after receiving the recommendations from the Commission.
Learned counsel appearing on behalf of BPSC has further submitted that recommendations in respect of majority of the Departments shall be made by 30th of September, 2019.
For grant of recognition of diploma course in Otorhinolaryngology (DLO) certain equipments are essentially required to be procured. Based on instructions, which learned State counsel has received, he has submitted that two of the three equipments, namely, LNT machine and Brain Stem Evoked Response Audiometry (BERA) shall be procured by 10.10.2019. The other machine, namely, Intra Operating Nerve Conduction Machine shall also be procured by 30.10.2019 as per the status supplied by Bihar Medical Services and Infrastructure Corporation Limited. Mr. Vikas Kumar, learned counsel for the Corporation has acknowledged the said statement made at the Bar.
List this case on 23.10.2019 at 2.15 p.m. The BPSC, the State of Bihar and Medical Council of India will be required Patna High Court CWJC No.4759 of 2013(52) dt.25-09-2019 5/5 to file affidavits giving developments taken place in the meanwhile in respect of (i) appointment of teaching staff in medical colleges (ii) steps taken for grant of recognition of diploma courses as noted above and (iii) the procurement of equipments.
The Bihar Medical Services and Infrastructure Corporation Limited will also be required to file an affidavit stating the status of procurement of the three machines as noted above.
(Chakradhari Sharan Singh, J) Rajesh/-
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