RAKESH KUMAR PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for a direction on Respondent No. 2, Secretary -cum -Registrar, Rajkiya Ayurvedic and Unani Chikitsa Adhikay, Bihar, Patna (hereinafter to be referred as 'Adhikay'), to conduct the examination of First and Second Year DAP of 2001 and First Year DAP Examination of 2002.

(2.) IT has been stated that the petitioner and its members are students of Chhotanagpur Ayurvedic Pharmacy College, Ranchi (hereinafter to be referred as the 'College'). The said College was recognized by Letter No. 274 dated 28th December, 1999 issued by the Respondent No. 2. It has been submitted that the petitioner along with other students had already appeared in First Year DAP Examination of 2001 and they have been declared pass. The petitioner had to appear in Second Year DAP Examination of 2001. Some students were also to appear in First Year DAP Examination of 2002. The petitioner and other students were informed that the examination shall be conducted by the Adhikay from 5th November, 2001. They had deposited the registration fee, examination fee and filled up their forms and took other required step for appearing in the examination, but by Annexure -12, a notice was issued addressing to the Principal of the said College that the examination, which was to commence from 5th November, 2001, has been postponed for unavoidable reason till further order.

(3.) A counter affidavit has been filed on behalf of the Respondent No. 2 contesting the writ petition. In Para 16, it has been stated that the said College is not recognized under the provision of Section 6 of Bihar Indigenous Medicine Education Institution (Regulation and Control) Act, 1981, whereas in Para 15, it has been stated that in the meeting held on 4th August, 2003, the Council decided to withdraw the recognition of all such educational institutions including the petitioner's College granted by past faculty. It is, thus, admitted position that the College in which the petitioner studied was recognized up to 4th August, 2003. On the said ground, it has further been stated that the College is established in the State of Jharkhand and now the petitioner should pray to the State of Jharkhand/Government of Jharkhand to hold the examination of DAP.