IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3917 of 2010 SUDHIR KUMAR OJHA S/O SRI KRISHNADEO OJHA R/O VILL.- PATAHI LAHLADPUR, P.S.- MUZAFFARPUR SADAR, DISTT.- MUZAFFARPUR. ----------Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE PRINCIPAL SECRETARY HEALTH DEPTT. GOVT. OF BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF-CUM- SECRETARY HEALTH DEPTT. GOVT. OF BIHAR, PATNA 4. THE DIRECTOR HEALTH AND FAMILY WELFARE DEPTT. GOVT. OF BIHAR, PATNA 5. THE DIRECTOR OF INDIGENOUS MEDICINE HEALTH DEPTT. GOVT. OF BIHAR, PATNA 6. THE PRINCIPAL RAI BAHADUR TUNKI SAH, RAJKIYA HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL, MUZAFFARPUR. -------------Respondents. ------------ For the Appellant: Mr. Vijay Kumar Singh, Adv. For the Respondents: Mr. S.K. Ghosh, A.A.G.2 & Mr. Arup Kumar Chongdar, ----------- 4 12-04-2010 This Court on an earlier occasion had directed for personal appearance of the Principal Secretary. An application has been filed seeking exemption of the same. Be it noted Director, Indigenous 2 Medicine has appeared in person. As the counter affidavit has been filed, personal appearance of the Secretary stands dispensed with. In this Public Interest Litigation the petitioner describing himself as a pro bono publico has prayed for issuance of a writ of mandamus commanding the respondent authorities to take steps for enovation of Rai Bahadur Tunki Sah, Rajkiya Homeopathic Medical College and Hospital, Muzaffarpur (hereinafter referred to as „the Institution‟) as the same is going to be closed because of inaction of the State Government and further to command the said respondent to fill up the vacant post of Professors and Lecturers and such other posts which are not covered in Annexure-7. We need not state the facts in detail, inasmuch as, a counter affidavit has been filed by the State Government stating that the institution is not going to be closed and in fact for the financial year 2006-2007 a sum of Rs.1,50,00,000/- had been sanctioned for upliftment of the institution. 3 Mr. S.K.Ghosh, learned Additional Advocate General has further submitted that the State Government shall take all steps to modernize the institution and if necessary by providing funds appropriately. As far as filling up the posts are concerned, the learned Additional Advocate General has drawn attention of this Court to the order dated 23.07.2009 passed by the learned Single Judge in C.W.J.C. No.8473 of 2009, wherein the learned Single Judge has passed the following order:- “The respondents are directed to disclose in the counter affidavit total number of vacancies in Rai Bahadur Tunki Sah Homeopathic Medical College & Hospital, Muzaffarpur, for which the State Government has published an advertisement in the newspaper (Annexure-7). Respondents are restrained from proceeding with the process of appointment on the basis of Annexure-7 till vacancies are disclosed.” In view of aforesaid Mr. Ghosh submits that it is difficult on the part of the State Government to fill up the posts meant for Lecturers. As far as posts of Professors and Readers are concerned, it is pertinent to mention, it has been averred in paragraph 17 of the 4 return that there has been roster clearance for the aforesaid posts and immediate steps shall be taken to fill up the posts. Regard being had to the direction given from time to time, it is directed that the posts of Professors and Readers be filled up by taking recourse to due procedure under law within a period of four months from the date of receipt of the order passed today. Ordinarily so saying, we would have parted with the case, but we think it apt to say that as there has been direction by the learned Single Judge not to fill up the posts on the basis of Annexure-7 to C.W.J.C.8473 of 2009, we request the learned Single Judge to dispose of the writ petition as early as possible. Mr. Ghosh is granted liberty to bring this fact to the notice of the learned Single Judge. Be it clarified that said Annexure-7 does not relate to Professors and Readers and therefore we have issued direction to fill up the posts within a period of four months. 5 The writ petition is accordingly disposed of. There shall be no order as to costs. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)