IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1202 of 1997 1.DR.RAM DUTT MISHRA, S/O DR. BAIDYANATH MISHRA, LECTURER IN AYURVED MEDICAL COLLEGE, GAYA AND PRESIDENT OF TEACHING AND NON TEACHING EMPLOYEES ASSOCIATION, GAYA MEDICAL COLLEGE AND RESIDENT OF MOHALLA DAKHIN DARWAZA, P.S CIVIL LINE TOWN AND DISTRICT OF GAYA. 2.DR. SHYAM KISHORE PANDEY, S/O SHRI BASUDEO PANDEY, DECEASED, LECTURER IN AYRUVED MEDICAL COLLEGE, GAYA AND SECRETARY OF TEACHING AND NON TEACHING EMPLOYEES ASSOCIATION, GAYA AYURVED MEDICAL COLLEGE, GAYA AND RESIDENT OF MOHALLA DAKHIN DARWAZA, P.S CIVIL LINE TOWN AND DISTRICT OF GAYA. 3.TEACHING AND NON TEACHING EMPLOYEES ASSOCIATON OF GAYA AYURVED MEDICAL COLLEGE, THROUGH THE PRESIDENT, PETITIONER NO. 1 HAVIING ITS OFFICE AT THE RESIDENCE OF PETITIONER NO. 1 MENTIONED ABOVE. 4.DR. KESHARI KANT MISHRA, S/O SHRI GANESH DUTT MISHRA, LECTURER, AYURVED MEDICAL COLLEGE, GAYA R/O MOHALLA LAKHI BAGH MANPUR, P.S. MUFFASIL IN THE TOWN AND DISTRICT OF GAYA. 5.DR. MAHESHWAR PATHAK S/O SRI BHAGWAN PATHAK, DECEASED LECTURER IN AYURVED MEDICAL COLLEGE, GAYA, R/O MOHALLA MANGLA GAURI, P.S. CIVIL LINE IN THE TOWN AND DISTRICT OF GAYA. 6.INDRAJIT KUMAR SINGH, S/O PASHUPATI SINGH, DECEASED ASSISTANT, AYURVED MEDICAL COLLEGE, GAYA R/O VILLAGE KENDUI, P.S. MEDICAL DISTRICT GAYA. 7. MAKHAN PRASAD S/O SHRI DEONANDAN PRASAD, MUSEUM KEEPER, R/O MOHALLA MARAMPUR, P.S CIVIL LINE IN THE TOWN AND DISTRICT OF GAYA. .............PETITIONERS. Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY CUM COMMISSIONER, DEPTT. OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 2.ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY, MEDICAL EDUCATION, DEPTT. OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 3.DIRECTOR OF INDEGENOUS SYSTEM OF MEDICINE, DEPTT. OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 4. GOVERNING BODY OF THE AYURVED MEDICAL COLLEGE, GAYA THROUGH ITS PRESIDENT, COMMISSIONER, MAGADH DIVISION, GAYA. 5.COMMISSIONER MAGADH DIVISION, GAYA AND PRESIDENT OF GOVERNING BODY OF AYURVED MEDICAL COLLEGE, GAYA. 2 6.DEPUTY DEVELOPMENT COMMISSIONER(D.D.C.), GAYA CUM SECRETARY OF THE GOVERNING BODY OF MEDICAL COLLEGE, GAYA. 7.CENTRAL COUNCIL OF INDIAN MEDICINE THROUGH THE SECY., 61-65 INSTITUTIONAL AREA, NANAKPURI, NEW DELHI. 8.PROFESSOR INCHARGE AYURVED MEDICAL COLLEGE. 9.KAMESHWAR SINGH SANSKRIT UNIVERSITY, DARBHANGA. 10.UNION OF INDIA THROUGH THE SECRETARY, INDIGENOUS SYSTEM OF MEDICINE, DEPARTMENT OF HEALTH. .............RESPONDENTS. ----------- 15/ 11.05.2011 No one appears for the petitioners. The matter relating to recognition of the Ayurvedic Medical College, Gaya as has been recorded in the order of this Court dated 27.10.1997 reading as follows:- 'A rejoinder has been filed on behalf of the petitioners enclosing therein the copy of the letter dated 16th September, 1996(Annexure-20) issued by Central Council of Indian Medicine, New Delhi. According to the counsel for the petitioners, by the said letter, the council has already granted permission in favour of the petitioners College. Now the respondent Stte who, on the basis of the same is to pass appropriate order and the respondent University to a decision relating to affiliation of the College in question. The counsel for the Central Council of Indian Medicine, the State and the University prayed for and granted three weeks time to file counter affidavit/supplementary counter affidavit. The respondent State and its authorities are also directed to contact the Central Council of Indian Medicine in the meantime and get confirmation relating to letter dated 16th September, 1996(Annexure-20), if necessary through FAX message.' From the records it is clear that subsequently the State Government Health Department by a notification dated 23.01.1998 had given permission to the College for admitting 50 students in the background of the order of the Central Council of Indian Medicine 3 dated 01.01.1998. In such a situation the utility of the writ application has already been served which was directed only against the order dated 22.12.1995, wherein, the Deputy Development Commissioner, Gaya cum Secretary of the Governing body of the college had directed the office to withdraw the notice circulating soliciting to admit students in the College. This aspect of the matter in fact has been also accepted by the Principal Incharge of the college by filing a supplementary counter affidavit, wherein, it has been stated that:- 'That D.D.C Gaya cum secretary of the Governing body of college had directed the professor in charge to withdraw the admission notice dated 22.12.1995 in the Newspaper(vide annexure-'1' of the writ application) against which the teachers and employees of the college had filed the aforesaid writ in which the Hon'ble Court on 17.03.1998 had stayed the order of D.D.C (Annexure-1). Thereafter the governing body of the college had taken the following steps:- 1. For the session 1994-95 the students who were admitted and registered were allowed to sit in the examination. (ii) The session 1995-96 and 96-97 admission was started and now admision has started for the session 1997-98. (iii) The fee collected in admission of 95-96, 96- 97, the salary arrear etc, were paid to the employees up till Aug-1997. (iv) The Fee collected of session 1997-98 the balance arrears amount of salary would be paid to the employees and the same time development work of the college also has been started. (v) According to the decision of Governing body dated 13.05.1998 the medical and P.F of the teachers and employees of the college would be paid, which is pending since long timed due to financial crunch. (vi) The college is going to prepare to amend list of seniority of the teachers. (vii) A committee has been formed consisting of three members for considering the promotion of teachers and employees which would be completed soon. (viii) The establishment sub committee being also take decision regarding increase of pay of the employees of the college very soon. (ix) The meeting of Governing body of the college is going to take place very soon in which the decision will be taken for betterment of the service condition of the employees 4 teachers and doctors. In fact there is nothing more on record to show that the grievance of the petitioner as raised in this writ application despite a favourable recommendation by Central Council of Indian Medicine and the order of the State Government, still subsists. The absence of the counsel for the petitioner in such contested matter would be itself reflective of the fact that the issue raised in this writ application has now become academic. Thus in the light of aforementioned observations, this application is disposed of. Ranjan (Mihir Kumar Jha, J)