IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4534 of 2007 Bijay Kumar (Bijay) Ex. Member of Parliament and Ex Secretary of the College in question, aged about 55 yrs. s/o- late Hanuman Prasad, permanent resident of Hazisujan, P.S.- Kotwali, District- Munger. Presently residing at Fort Area, P.S.- Kotwali, District- Munger :--- Petitioner. Versus 1. The State Of Bihar through the Secretary-cum-Commissioner Department of Health Education and Deshi Chikitsha Bihar Patna. 2. The Deputy Secretary, Department of Health and Medical Education (Deshi Chikitsha) Bihar, Patna. 3. The B.R.A. Bihar University Muzaffarpur through its Vice Chancellor. 4. The Collector, Munger. 5. The Principal T.H.H. Medical College and Hospital, Munger. ---------------------------------- 3. 15.10.2011. Heard learned counsel for the petitioner and the State. None appears for the B.R.A. Bihar University, Muzaffarpur. 2. Petitioner is the erstwhile Secretary of T.H.H. Medical College and Hospital, Munger (hereinafter referred to as the “College”). He has filed this writ petition questioning the validity of the notification of the State Government issued by the Health and Medical Education Department dated 20.09.2004, Annexure-12 constituting governing body of the College. 3. It is submitted on behalf of the petitioner that in the light of the provisions of Homeopathy Central Council (Amendment) Act, 2002, the State Government does not have any jurisdiction to constitute the governing body of Homeopathy Medical College affiliated with a University. It is further submitted that notwithstanding the provisions of the 2 aforesaid Amendment Act the State Government proceeded to constitute the Managing Committee of the College, which is wholly without jurisdiction and is fit to be quashed. 4. This writ petition was filed on 09.04.2007 after serving two copies of the writ petition on the office of the Advocate General. The matter remained pending in this Court for over four years, still the authorities of the State Government have not chosen to file any counter affidavit. In the circumstances, I have no option but to direct the authorities of the State Government to consider the submission noted above that the notification dated 20.09.2004, Annexure-12 is wholly without jurisdiction in the light of the provisions of the Homeopathy Central Council (Amendment) Act, 2002 and should be withdrawn. Appropriate order in this regard be passed by the competent authority of the State Government, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Principal Secretary of the Health and Medical Education Department. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)