IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19440 of 2010 1. Surendra Kumar Jain son of late Sunder Lal Jain, Resident of Ashok Bhawan, Jain Mandir Road, Nath Nagar, P.S. Lalmatiya, District Bhagalpur 2. Narayan Prasad Tulsyan son of Late Ramdeo Lal Tulsyan, Resident of Ram Sagar Ram Das Gupta Path, PS Kotwali, District Bhagalpur 3. Santosh Kumar Choudhary, Advocate son of Late Gopal Rai Choudhary, Resident of Nath Nagar, PS Nath Nagar, District Bhagalpur 4. Ranjan Kumar son of Late Hari Kunj, Resident of Khalifabagh Chowk, PS Kotwali, Town and District Bhagalpur 5. Dr. Yogendra ( Sr. Professor, Department of Hindi, T.N.B College, Bhagalpur) son of Late Harshu Mahto, Resident of 6A, TNB College Compound, PS University Police Station, District Bhagalpur 6. Dr. Mukesh Kumar Sinha son of Late Virendra Kumar Sinha, Resident at P.O. Main post office, Ishak Chak, P.S Ishak Chak, District Bhagalpur 7. Syed Shah Hasan Mani son of Late Syed Shah Sarat-E-Alam, Resident of Khanquah-Pir Damaria, Shah Manjil, Shah Market, Khalifabagh, PS Kotwali, District Bhagalpur 8. Rajeev Kumar Khetan son of Late Bijay Kumar Khetan, Resident of Jaiprakash Pandey Lane, P.S Jogsar, District Bhagalpur 9. Dr. Amrendra son of Late Narsingh Prasad Sinha, Resident of Dargah Lane, Sarai, PS University Thana, District Bagalpur ......Petitioners Versus 1. The State Of Bihar through the Principal Secretary-cum-Commissioner, Department of Health and Family Welfare, Government of Bihar, Patna 2. The Directorate of Indigenous Medicine, Department of Health, Government of Bihar, Patna through its Director 3. The Union of India through the Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi 4. The Director, Department of Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy, Ministry of Health and Family Welfare, Government of India, New Delhi. 5. The Central Council of Indian Medicine, 61-65, Institutional Area, Janakpuri, New Delhi- 110058, through its Secretary 6. The Divisional Commissioner, Bhagalpur 7. The District Magistrate-cum- Collector, Bhagalpur 8. The Bhagalpur Municipal Corporation through its Commissioner or Administrator 9. The Superintendent of Police, Bhagalpur 10. Sri Yatindra Narayan Ashtang, Government Ayurvedic College and Hospital, Champa Nagar, Bhagalpur through its Principal 11. The Additional Commissioner, Department of Health and Family Welfare, Government of Bihar, Patna 12. Deputy Secretary, Department of Health, Bihar, Patna ....Respondents ----------- 2 10 18-05-2011 Principal Secretary, Department of Health and Family Welfare is present pursuant to our earlier order. Considered the explanation in the show cause filed on behalf of respondent no.1. The explanation is accepted. Personal appearance of Principal Secretary is dispensed with as instructions have now been provided to learned counsel for the State and counter affidavit has been filed. This writ petition is by way of Public Interest Litigation. Main reasons including good infrastructure by way of building and garden for herbal plants have been cited to support demand of the writ petitioners that Ayurvedic college at Bhagalpur should not be closed rather steps should be taken by the State to remove the deficiencies pointed out by the Central Council of Indian Medicine (CCIM) and required number of faculty be recruited and posted there so that admission of the students may begin with the permission of CCIM. Inspite of an indication in Clause- 6 of letter dated 17-10-2007 (annexure-2) that Ayurvedic college at Bhagalpur namely, Rajkiya Ashtang Ayurvedic College, 3 Bhagalpur has to be closed because of several problems, the stand of the State Government in the counter affidavit is in favour of improving the infrastructure of that college and to revive its functioning. According to counter affidavit renovation work of the college in question has been done by Public Works Department. Department of Health is willing to restart the college and for that all necessary endeavours and efforts are being made but due to lack of required facilities and qualified faculties, it will require some planning and time to start the college. In view of aforesaid stand taken by the State, there is no need to keep this Public Interest Litigation pending. Hence, It is disposed of with an expectation that Department of Health concerned with Ayurvedic education shall take required steps expeditiously so that the college acquires required infrastructure and faculty at the earliest, preferably, within six months. It goes without saying that as soon as the infrastructure and faculty are available, CCIM should be approached to grant permission for admitting fresh batch 4 of students in the college. BKS/- (Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan, J.)