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2025 DAILYLAW 123846 (ALL)

DR. SHAILESH KUMAR RAI v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF AYUSH/AYURVED LKO. AND 2 OTHERS

WRIC/1548/2025 · 2025-02-17

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10174-DB Court No. - 2 Case :- WRIT - C No. - 1548 of 2025 Petitioner :- Dr. Shailesh Kumar Rai Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Ayush/Ayurved Lko. And 2 Others Counsel for Petitioner :- Avinash Sahu Counsel for Respondent :- C.S.C.,Suresh Chandra Verma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. Under Section 5 Sub-Clause-(1) of the U.P. Indian Medicine Act, 1939, President of the Board, namely, Ayurvedi Tatha Unani Tibbi Chiktisha Padhati Board is to be nominated by the State Government but as informed by petitioner's counsel, since 19.07.2024, the said post is vacant and accordingly, a resolution has been passed and communicated to opposite party no.1 to the effect that Vice-President may be allowed to work as President. 3. It is unfortunate that even such matters have come to Court. Let opposite party no.1 take a decision regarding nomination of a President of opposite party no.3-Board at the earliest say within three months, positively, unless there is any legal impediment in which case the petitioner and opposite party no.3 should be informed in writing. As the functioning of the Board cannot be stalled on account of absence of such nomination, till such nomination is done, the State Government shall make alternative arrangement and consider the resolution of the Board as far as it may be permissible in law. This temporary arrangement shall be made within ten days of receipt of certified copy of this order. 4. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 17.2.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench