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2008 DIGILAW 177 (ALL)

PRATIBHA BAL SHIKSHA NIKETAN, BASTI v. STATE OF UTTAR PRADESH

2008-01-24

RAKESH TIWARI

body2008
JUDGMENT Hon’ble Rakesh Tiwari, J.—Heard learned Counsel for the parties and perused the record. 2. This writ petition has been filed for issuance of a writ, order or direction in the nature of mandamus directing the respondents to comply with the order dated 8.6.2007 passed by Prabhari Adhikari Lokvani, Basti. 3. It has further been prayed that the respondents may be directed to submit an inventory of the seized room of the college and further they may also be directed to penalise the guilty personnel involved in the illegal seizure of the room and goods of the petitioner of Pratibha Bal Shiksha Niketan. 4. It appears from the record of the writ petition that earlier two institutions namely, Pratibha Electro Homeopathic Medical College, Kalwari, Basti and Pratibha Bal Shiksha Niketan Belwadand, Kalwari, Basti were being run. The petitioner claims that it is a recognized institution by the Basic Shiksha Adhikari, Basti and has nothing to do with Pratibha Electro Homeopathic Medical College, Kalwari, Basti which was closed in compliance of the order of this Court dated 13.9.2006 and affidavit of compliance was also filed by respondent Nos. 2 to 4. 5. It is alleged that during inspection the Inspector Basti and others have illegally seized the room of Pratibha Bal Shiksha Niketan on the direction of respondent No. 4 in an unauthorized manner falsely that there are medicines and articles related to the said Medical College which has also been closed in compliance of the order of this Court dated 30.10.2006. 6. It is also alleged that the signatures of Dr. Prem Narain have forcibly been taken on the seizure memo dated 22.11.2006 by Sri Dinesh Kumar Tiwari and others and they have also taken away the School Register and other papers of the petitioner after sealing the room illegally on 22.11.2006. 7. According to the petitioner, the building of the said medical college was demolished for new construction and the office of the said college was removed immediately on 28.9.2006 and there was no building/room available to seal after 28.9.2006. Moreover, there was no allegation against the closer of the said medical college on 28.9.2006; that the District Magistrate, Basti has blindly provided the competent Magistrate for carrying out the illegal sealing of the room of the petitioner on 22.11.2006. 8. Moreover, there was no allegation against the closer of the said medical college on 28.9.2006; that the District Magistrate, Basti has blindly provided the competent Magistrate for carrying out the illegal sealing of the room of the petitioner on 22.11.2006. 8. It appears from perusal of the Court order dated 30.10.2006 appended as Annexure-3 to this writ petition passed in Writ Petition No. Nil of 2006, Smt. Kaulesh Kumari v. State of U.P. and others against illegal seizure of the room of the petitioner institution on 22.1.2006; that Electro Homeopathic Medical Colleges were closed by the order of the High Court as many Electro Homeopathic Medical Colleges were not a known and recognized system of medicine and that the Court was of the view that no one had right to impart education or to practice in Electro Homeopathy. 9. In the aforesaid writ petition the Court was informed that many other Electro Homeopathic Medical Colleges had started functioning in the State and that the Chief Medical Officer was therefore, directed to take immediate steps for inspection and to close and seal such unauthorized medical college teaching Electro Homoepathy; that the Director General Medical and Health was also directed to enquire whether any such Electro Homeopathic Medical College have again started functioning in the State and to submit a report. 10. It appears that thereafter the petitioner again approached this Court in Writ Petition No. 66875 of 2006 in which the following order was passed by this Court on 8.12.2006 : “Learned Standing Counsel seeks one month’s time to file counter affidavit and rejoinder affidavit, if any, may be filed by learned Counsel for the petitioner within two weeks next thereafter. List thereafter. In the facts of the case, I issue an interim mandamus commanding opposite parties to handover Pratibha Bal Shiksha Niketan, Beldand, Post Kalwari, District Basti to petitioner who is running this institution and imparting education up to class V under the Basic Education Act and has nothing to do with the Pratibha Eletro Homeopathy Medical College, Basti and Charitable Hospital within two weeks from the date of presentation of a certified copy of this order.” 11. Thus, the grievance of the petitioner is that the order of this Court dated 8.12.2006 has not been complied with. Thus, the grievance of the petitioner is that the order of this Court dated 8.12.2006 has not been complied with. Even though the Pratibha Electro Homeopathic Medical College has been closed down and therefore, the authorities have no right or justification of seizure of room and articles therein of petitioner Pratibha Bal Shiksha Niketan after order dated 8.12.2006 has been passed. 12. If that be so, the petitioner has a remedy of filing Contempt Application but the petitioner has come in this writ petition for the relief which is substantially the same that has already been granted in Writ Petition No. 66875 of 2006. 13. For the reasons stated above, the writ petition is dismissed. No order as to costs. ————