Madhya Pradesh High Court
Indira Gandhi Memorial Homoeopathic ... vs Union Of India on 9 January, 2017
Writ Petition No. 8217 of 2016
09/01/2017
Shri Pawan Dwivedi, learned Counsel for the petitioner.
Shri Dharmendra Chelawat, learned Counsel for the
respondent No.1.
Shri Umesh Gajankush, learned Deputy Advocate General for respondent No.2/State.
As per affidavit filed by the petitioner dated 23rd December, 2016, Dasti notice has been duly served to respondent No.3, but in spite of that, no one is appearing on behalf of the respondent No.3.
Heard on I. A. No.7234/2016 an application for grant of interim relief.
Learned Counsel for the petitioner has submitted that the institution of the petitioner was inspected on 11.5.2016 and all the five deficiencies as pointed out in Para-3 of the letter dated 14.10.2016 has been rectified, as is evident from Clauses 7, 8, 12, 17, 20, 21 and 17 of the report which reads as under:-
7 Average Bed Occupancy per day 7-8/DAY 8 Total number of patient in IPD during the last 2848 one year 12 Average number of patient per day in OPD 190-200 Pts/DAY 17 USG Our College is Attached to multiplicities Hospital choudhary Mahajan hospital for getting USG purpose 20 Rehabilitation Unit Including Yoga Dr. Namrata Kanungo BPT as a yoga trainer & Physiotherapist on appointed 21 Hospital Kitchen Kitchen Building is available however diet etc. is Provided by the contractor namely SH. R. K. Joshi DEPARTMENT OF PHYSIOLOGY & BIOCHEMISTRY 17 Colorimeter (photo electric) 2 Colorimeter is Purchased, Our College is Attached to Gov.
Hospital Multispecialty Hospital Choudhry Hospital & Mahajan Hospital He submitted that in identical circumstances the Gwalior Bench of this Court in W.P. No.8109/2016 granted stay and petitioner therein was permitted to participate in the counselling process for BHMS Course.
Till today, no reply has been filed by the respondent No.1. nor Shri Dharmendra Chelawat, Advocate has objected the inspection report dated 11.5.2016.
On due consideration of the aforesaid, we are inclined to grant interim relief and it is directed that the petitioner be permitted to participate in the counselling process for BHMS Course, because the period has been extended upto 12th January, 2017.
It is made clear that no equity shall be claimed by the petitioner arising from the present order and the permission granted hereby is provisional which shall remain effective subject to final decision of the writ petition.
Certified copy today.
(P. K. Jaiswal) (Virender Singh)
Judge Judge
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