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2025 DAILYLAW 162321 (ALL)

BABA JANGALI SHODH AWAM PRASHIKSHAN SANSTHAN THRU. MANAGER KAMLESH KUMAR YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF MEDICAL EDU. AYUSH ANUBHAG LKO. AND 2 OTHERS

WRIC/8581/2025 · 2025-09-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8581 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. Heard learned counsel for the petitioner and Sri Vinod Kumar Shukla, learned counsel for the respondent nos. 2 and 3. The present petition has been filed by petitioner for the following reliefs:- "I. Issue a writ, order, or direction in the nature of mandamus commanding the Respondents No. 2 & 3 to consider and take a decision on the Application Form seeking grant to Recognition of Diploma in Homeopathic Pharmacist Course as contained in Annexure No. 2, submitted by the Petitioner Trust "BABA JANGALI COLLEGE OF HOMEOPATHIC PHARMACY" at Salernpur, Ghazipur, District Ghazipur, Uttar Pradesh' within a stipulated time; II. Issue a writ, order, or direction in the nature of mandamus commanding the Respondents No.2 & 3 to grant the Recognition of Diplorna in Homeopathic Pharmacist Course to Petitioner's Institution named as "BABA JANGALI COLLEGE OF HOMEOPATHIC PHARMACY" at Salempur, Ghazipur, District - Ghazipur, Uttar Pradesh for starting by Petitioner Trust forthwith;" The counsel for the respondents, based upon the instruction states that the State Government has issued a Government Order on 18.07.2022, in which there is a bar prescribed in paragraph 4, where a ban was imposed for grant of affiliation to any new college. The contention of the counsel for the petitioner is that subsequent to the Versus Counsel for Petitioner(s) : Saddam Ahamad Khan Counsel for Respondent(s) : C.S.C., Vinod Kumar Shukla Baba Jangali Shodh Awam Prashikshan Sansthan Thru. Manager Kamlesh Kumar Yadav .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical Edu. Ayush Anubhag Lko. And 2 Others .....Respondent(s) government order dated 18.07.2022, a fresh order was issued on 11.08.2023 by the respondent no. 2 and this aspect of the conflict between the Government Order dated 11.08.2023 and Government Order dated 18.07.2022 came up for consideration before this Court in Writ-C No. 2305 of 2025, decided on 11.04.2025 in the case of Subedar Raj Devi Memorial Edu. Trust Vs. State of U.P. The Court after considering the two conflicting Government Orders found a view that once a decision has been taken on 11.08.2023, the same would prevail over the earlier Government Order. Following the the same judgement, the present writ petition also deserves to be allowed. Respondent nos. 2 and 3 are directed to consider the case of the petitioner subject to, the petitioner's compliance to other necessary regulations. For grant of affiliation, the said consideration shall be accorded within a period of six weeks. All the directions contained and observations made in the judgement dated 11.04.2025 shall apply in the case of the petitioner also. September 3, 2025 Anurag WRIC No. 8581 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench