IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12124 of 2007 SURENDRA HEMANT EDUCATION AND SOCIAL WELFARE SOCIETY & ANR Versus THE UNION OF INDIA & ORS ----------- For the Petitioners : Mr.Rajendra Pd.Singh,Sr.Adv with Mr.Mritunjay Kumar,Adv. For Union of India : Mr.S.N.Pathak, S.C.C.G. For the State : Mr.Ray Shivaji Nath,Sr.Adv. & A.A.G.-4 with Mr.Satish Kr.Sinha,J.C. to A.A.G.-4 For the University : Mr.Yugal Kishore,Sr.Adv. ---------- 7. 10/09/2008 After marathon arguments from both sides, issue which boils down for consideration is as to whether petitioners have applied afresh to the State Government for issue of Essentiality Certificate after the orders of this Court dated 23.6.2006 passed in the earlier writ application of the petitioners, namely, C.W.J.C.No.2174 of 2006. The said writ application was disposed of without any order with regard to publication of the result of the students as it was found that the Institution had no affiliation from the concerned University. However, petitioners were given liberty to take appropriate steps for obtaining affiliation or recognition from the Medical Council of India. It is not disputed that for consideration of application for recognition by the Medical - 2 - Council of India, Essentiality Certificate (No Objection Certificate) from the State Government and consent for affiliation by the University are pre-requisite. Earlier it was pointed out that earlier application of the Society for grant of Essentiality Certificate was rejected by the State Government vide Annexure-B dated 13.10.2003 upon which learned Additional Advocate General No.4 was directed to find out and file an affidavit as to under what objective considerations the said rejection order was passed. However, nothing substantial has been brought on record to show that after objective considerations the said application of the petitioner Society was rejected. Learned senior counsel for the petitioners was asked to demonstrate from the records that after the orders of this Court petitioner Society had in fact applied to the State Government for grant of Essentiality Certificate afresh. In response to the query from the Court, learned senior counsel for the petitioner drew the attention of the Court to Annexure-18 series - 3 - to show that the Secretary of the Society had been writing to the authorities of the State Government for consideration of his application for grant of Essentiality Certificate. He submits that these applications were sent to the authorities of the State Government from time to time in view of the fact that the rejection order of his application, as contained in Annexure-B was never communicated to him and he had no knowledge of that. Be that as it may, apparently, Annexure- 18 series were submitted to the authorities of the State Government prior to the orders passed by this Court in the earlier writ application, as aforesaid. In the circumstances, learned senior counsel for the petitioners agrees that a fresh application shall be filed on behalf of the petitioner Society before the appropriate authority of the State Government for grant of Essentiality Certificate within two weeks from today and prays that a direction may be issued to the authorities of the State Government to act upon the same and take appropriate decision afresh after making objection consideration and enquiry for the purpose. - 4 - In the circumstances, this writ application is disposed of with liberty to the petitioner to file a fresh application before the appropriate authority of the State Government for grant of Essentiality Certificate to the Society for formal permission to establish the Institution, within two weeks from today. If such an application is filed before the appropriate authority of the State Government, they shall act upon the same and make an objective consideration and enquiry with regard to grant of Certificate or otherwise to the Society. For this purpose, if they decide to hold local inspection of the Institution, they will fix up a date for that and communicate to the representative of the Society in advance to be present at the time of their inspection and assist them in the matter. After completing the enquiry and after taking into account all objective considerations, the authorities of the State Government shall come to the final conclusion, either way, within a period of three months from the date of filing of such application. The decision of the authorities of the State Government in the matter shall be - 5 - communicated to the representative of the Society with communication of the same to the Union of India in the Ministry of Health and Medical Education, Medical Council of India and the University. In the result, this writ application is disposed of with the aforesaid observations and directions. Pradeep/ (J. N. Singh, J.)