Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 83081 (PAT)

Maulana Azad Ayurvedic Medical College and Hospital v. The State of Bihar

CWJC/18010/2024 · 2025-04-17

Anil Kumar Sinha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18010 of 2024 ====================================================== Maulana Azad Ayurvedic Medical College and Hospital through its Founder and Secretary, namely Md. Badiuzzama, aged about 71 years, Son of Haji Babujan, Resident of Village - Bhawanipur, Ward No. 7, Post Office- Harpur Bhala, Police Station - Bathnaha, District- Sitamarhi (Bihar). ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Department of Health, Government of Bihar, Patna. 2. The Additional Chief Secretary, Department of Health, Government of Bihar, Patna. 3. The Under Secretary, Department of Health, Government of Bihar, Patna. 4. The Officer on Special Duty, Department of Health, Government of Bihar, Patna. 5. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University Darbhanga. 6. The Registrar, Kameshwar Singh Darbhanga Sanskrit University Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vasant Vikas For the Respondent/s : Mr. Mujtabaul Haque, GP-12 Mr. Manish Kumar, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 17-04-2025 1. Heard learned counsel for the parties concerned. 2. The petitioner, along with trustees, got registration of Al-Badi Education and Welfare Trust situated at Village Bhawanipur, P.O. Harpur Bhalha, P.S. Bathnaha, District, Sitamarhi, on 19.10.2020 for management control and administration of different educational institution including the Maulana Azad Ayurvedic College and Hospital, Bhawanipur, Sitamarhi. Patna High Court CWJC No.18010 of 2024(2) dt.17-04-2025 2/3 3. Learned counsel for the petitioner submits that the relevant documents for grant of No Objection Certificate have already been submitted before the respondent no. 3-Under Secretary, Health Department, Government of Bihar, Patna. He next submits that by the order, dated 26.05.2023, issued under the signature of respondent no. 4-Special Secretary, Department of Health, Government of Bihar, Patna, the petitioner has been informed that request of the petitioner for issuance of No Objection Certificate in favour of Maulana Azad Ayurvedic College and Hospital, Bhawanipur, Sitamarhi, has been rejected on the ground of non-availability of relevant/necessary documents. 4. Learned counsel further submits that the petitioner has provided all the documents as demanded by the respondent- authorities, however, after rejection of the claim, the petitioner vide Annexure-14, dated 09.09.2024, has resubmitted all the required documents as referred to in the order of rejection, dated 26.05.2023. 5. Learned counsel for the State submits that in view of the fresh documents having been submitted by the petitioner vide Annexure-14, respondent-authorities may be directed to take fresh decision in this regard. Patna High Court CWJC No.18010 of 2024(2) dt.17-04-2025 3/3 6. Having considered the submissions advanced by the parties and nature of dispute, the respondent no. 4-Special Secretary, Department of Health, Government of Bihar, Patna, is directed to consider the documents submitted by the petitioner for grant of No Objection Certificate and take a final decision in this regard within a period of three months in accordance with law. 7. With the aforesaid observations and directions, this writ application is, accordingly, disposed. ashwani/- (Anil Kumar Sinha, J) U