IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.580 of 2009 INDIRA GANDHI INSTITUTE OF Medical Sciences, Sheikhpura, Patna through its Director Versus 1. DR.SUNIL KUMAR son of late Prakash Chandra Prasad, resident of village Tatwa Toli, PO & PS Mokamah District Patna 2. The State of Bihar 3. Chairman, IGIMS, Hon’ble Minister of Health Department, Government of Bihar, Patna 4. Secretary, Department of Finance, Government of Bihar, Patna 5. Dr. Dilip Kumar Yadav, Director, IGIMS, Patna 6. Dr Ajay Kumar, National President Elect of IMA Patna View Hospital, Khajpura, Patna 7. Dr. S.K. Sinha, Member, M.C.I., B2 Sector D/1 Kankarbagh, Patna 20 8. Surgeon Captain N.A. Khan VSM (Retd) 80, SFS, Hauz Khas, New Delhi 9. Dr. M. L. Verma, Principal, Patna Medical College, Patna 10. Dr. Mahendra Singh, Prof. and Head, Department of Urology, IGIMS, Patna 11. Dr. S. S. Prasad, Professor & Head, Department of G.I Surgery, IGIMS, Patna 12. Dr. Sanjay Kumar, Assistant Professor (Community Medicine), IGIMS, Sheikhpura, Patna ----------- 3 10-07-2009 Heard Sri Lalit Kishore, learned AAG-3 on behalf of Indira Gandhi Institute of Medical Sciences, Patna. The writ petitioner’s case, inspite of having obtained a degree of M.D in Community Medicine from the appellant institute, could not be considered for appointment to a post in the same very institute because the said degree in Community Medicine was found not recognized by the Medical Council of India. The writ court could not grant any relief to the writ petitioner in the matter of selection but has merely allowed cost of Rs. 50,000/- to be paid by the appellant institute for the wrong done by the institute in permitting the writ petitioner to join a course which did not have recognition of the Medical Council of India. 2 We accept the explanation that the appellant was allowed to be taken by the institute bonafide in anticipation of approval. In that view of the matter, it may not be necessary for the institute to commence any enquiry and fix responsibility as to who initiated the course without recognition, invited applications for admission and recover the amount of cost from them. However, the institute being a government institution must pay the meager cost of Rs. 50,000/- to the writ petitioner although the loss suffered by the writ petitioner cannot be compensated in terms of money. With the aforesaid clarification, the appeal is dismissed. BKS/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)