IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2993 of 2010 1. DR.SUDHIR KUMAR SINGH S/O LATE SRI RAM NANDAN PRASAD SINHA R/O NEW COLONY ,P.O. SAHARSA,PS.SAHARSA,DISTT-SAHARSA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY,DENTAL COUNCIL OF INDIA AIWAN,E-GALIB MARG,KOTLA ROAD,NEW DELHI-110002 2. DENTAL COUNCIL OF INDIA AIWAN-E-GALIB MARG,KITLA ROAD,NEW DELHI-110002,THROUGH ITS SECRETARY 3. THE SECRETARY,DENTAL COUNCIL OF INDIA AIWAN E- GALIB MARG,KOTLA ROAD,NEW DELHI-110002 4. MITHILA MINORITY DENTAL COLLEGE AND HOSPITAL LAHERIASARAI,P.O.&P.S.LAHERIASARAI,DISTT- DARBHANGA ----------- For the Petitioner :M/s Y.V. Giri, Sr. Advocate, Raju Giri & Pranav Kumar, Advocates For the Respondents :Mr. Raghib Ahsan, Assistant Solicitor General 02/ 12.03.2010 Counsel for the petitioner is permitted to correct the typing errors in Annexure-5 to this application. 2. Heard learned counsel for the petitioner and the Union of India. 3. Petitioner, who served the Mithila Minority Dental College and Hospital, Laheriasarai, Darbhanga as Dentist, has resigned his position but is not being relieved. He has filed this writ application for a direction to the Dental Council of India, Respondent no.2 (hereinafter referred to as the Council) to consider his request for grant of no objection Certificate contained in letter dated 1.7.2009, Annexure-6 addressed to the President & Secretary of the Council as in response thereto the Council informed the petitioner that the required no objection certificate could not be issued as petitioner 2 is facing prosecution and the matter is subjudice under letter dated 15.1.2010, Annexure-7. With reference to the order passed by the concerned Court, which is contained in Annexure-5, it is submitted that the prosecution launched against the petitioner, vide Complaint Case, has been dismissed under orders dated 27.1.2010, Annexure-5 and enclosing a copy of the said order, petitioner informed the Secretary of the Council under letter dated 28.1.2010, Annexure-8 that prosecution having been dismissed, the authorities should consider his case for grant of no objection certificate. It is submitted on behalf of the petitioner that even after passage of about two months from the date of issue of the letter dated 28.1.2010, the authorities of the Council have not considered the request of the petitioner contained in letter dated 28.1.2010, Annexure-8 read with earlier letter dated 1.7.2009, Annexure-6 and this Court should direct the competent authority in the Council to take a final decision in the matter in the light of the request contained in the aforesaid two letters dated 1.7.2009 and 28.1.2010, Annexures-6 and 8 to this application. 4. Having heard counsel for the petitioner and the Union of India, I direct the competent authority of the Council to consider the request of the petitioner for grant of no objection certificate as per his request contained in letter dated 1.7.2009, Annexure-6 and 28.1.2010, Annexure-8 in accordance with law in the light of the order dated 27.1.2010, passed in Misc. Case 3 No. 58 of 2009 by Sri A.K. Ram, Judicial Magistrate 1st Class, Darbhanga, as contained in Annexure-5 to this application, as early as possible, in any case within two months from the date of receipt/ production of a copy of this order. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)