SINGHBHUM HOMOEOPATHIC MEDICAL COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition by Singhbhum Homeopathic Medical College and Hospital and its Principal in representative capacity on behalf of 20 students of the college has been filed for quashing the decision of the B.R. Ambedkar Bihar University communicated by its Registrar under letter no. 423 dated 16.6.2001, disallowing the students of the college to appear at the ensuing BHMS examination on the ground of lack of territorial jurisidiction after coming into existence of the State of Jharkhand under the Bihar Reorganisation Act, 2000 .

(2.) THE point at issue seems to be covered by the decision of the Supreme Court in State of Punjab V/s. Balbir Singh, (1976) 3 SCC 242 -AIR 1977 Supreme Court 629, wherein interpreting the provisions of Section 88 read with section 2 (g) of the Punjab Re -organisation Act, 1966 ''similar to those of sections 84 and 2 (f) of the Bihar Reorganisation Act, 2000 ''the Court held that even administrative orders not amounting to law continues to be in force in successor State ''after division ''unless and until they are changed or repudiated by the successor State. The Court in that case was dealing with the effect of administrative order. The instant case stands on better footing inasmuch as a statutory notification ''a law within meaning of section 2 (f) of the Bihar Reorganisation Act is holding the field and unless it is superseded by another notification in the successor State i.e. State of Jharkhand, it will continue to apply to the institutions in that State. In other words, the petitioner - college will continue to be covered by the notification issued under section 3 of the Bihar State Universities Act whereby the Homeopathic colleges of the undivided State were affiliated with the B.R. Ambedkar Bihar University and it became the examining body to hold examinations in Homeopathic courses. Sections 84 and 2 (f) of the said Act are as under: ''

(3.) HOWEVER , before disposing of the case, following the ratio laid down in the Balbir Singh 's case (supra), the Court thought it appropriate to issue notice to the State of Jharkhand. Accordingly, by order dated 8.1.2002 the State of Jharkhand was added as a respondent, and notice was served on Shri Shyam Kishore Sharma, its retained counsel. Jharkhand State has filed counter affidavit sworn by Dr. Amreshwar Prasad, Officer -on -Special Duty Homeopathic, Jharkhand, stating that the State of Jharkhand has initiated the process of issuing notification under section 3 of the Universities Act affiliating Homeopathic institutions with one of the Universities of the State. The proposal was returned on account of certain defect as it has not been properly routed as per the Rules of Executive Business. Steps are being taken afresh and it is expected that within six weeks time the required notification will be issued.