IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1558 of 2009 SURENDRA HEMANT EDUCATION & SOCIAL WELFARE SOCIETY & ANOTHER Versus THE UNION OF INDIA & ORS. ----------- 3. 16.09.2009 Heard learned senior counsel for the petitioner, learned Additional Advocate General No. IV for the State authorities, learned counsel for the Union of India and also learned counsel for the Magadh University. Petitioners have filed this contempt application alleging non-compliance of the order of this Court as contained in Annexure-1. It appears from the records that pursuant to the orders of this Court, Surendra Medical College & hospital (in short, “the Institute”) was inspected by an inspection team constituted by the State Government and the report was submitted. It is stated in the report that the team found the Institute lacking on many grounds. Hence, no objection certificate-cum-essentiality certificate for establishment of the Institute was refused by the State authorities, which was communicated to the petitioner-Secretary of the Society vide letter no.322 (1) dated 21.5.2009. Learned Addl. Advocate General No. IV has drawn the attention of this Court to a notification dated 31.12.2003 wherein certain - 2 - guidelines have been laid down for grant of no objection certificate-cum-essentiality certificate and grounds for consideration of the application by the Department before forwarding the same to the Minister of Health in the Central Government. After going though those guidelines and grounds for consideration of the same vis-à-vis the report of the inspection team summarized in the letter no.322 (1) dated 21.5.2009, this Court does not find that any case for initiating a contempt proceeding is made out. Learned counsel for the petitioners submits that the report is factually wrong in many respects and the inspection team has travelled beyond its jurisdiction of consideration for grant of such certificate. If that is so, the petitioners will be at liberty to challenge the report and the letter issued to them rejecting the certificate in an appropriate proceeding. The contempt application is disposed of as devoid of merits. B.T (J.N. Singh, J.)