Order This petition had been listed earlier as a petition for contempt which was later on converted into a Public Interest litigation for the benefit of setting up of a Homeopathic Institution of repute. However, the institution had not been granted affiliation, although an observation was made in the order dated 7.11.2006 to the effect that the institution should seek affiliation from the competent authority of the State Government and the Central Government. 2. Learned counsel for the Central Government has submitted that the affiliation could not be granted since the institution was not fulfilling the requirements for affiliation viz., the setting up of the building, adequate teaching staff as also adequate number of beds in the hospital attached to the Homeopathic Institution. 3. In so far as the lack of building is concerned, learned Advocate General has informed that adequate fund to the extent of Rs.3,00,05,000/- (Rupees Three Crores and five thousand only) had already been sanctioned by the State Government way back in the year 2007-08 and the building is underway since the tender for construction has already been awarded to the concerned contractor and an agreement has also been executed for the purpose. 4. It has further been stated on affidavit by the Secretary, Building Construction Department, Govt. of Jharkhand, that the construction of the Homeopathic Institute has already started which is due to be completed by 9th November, 2009. 5. We, thus, find that in so far as the construction of the building is concerned, that is due to be completed in 2009 and hence, we are of the view that the institution should not be allowed to be refused affiliation merely for the lack of building as' it is a settled position that any institution can be set up finally in phases only in due course of time and the learned Standing Counsel for the Central Government also could not dispute this position. Hence, in so far as the affiliation is concerned, we are of the considered opinion that the initiation and affiliation of the Homeopathic Institute should not be refused merely for the lack of building for the time being, meaning thereby that until the building is complete, the institution should be allowed to function in a rented building with a limited intake of students, who can be accommodated in the building and can be provided with the adequate teaching facility and they alone should be allowed to take admission into the Institution. 6. Learned counsel for the Central Government further submitted that adequate teaching facility is not available in the institution, as qualified teaching facility is not existing. The objection although is absolutely valid, the fact remains that as per inspection report itself which was submitted by the inspecting team of the Central Government, adequate teaching staff is available in the College. However, this Court is anxious to ensure that faculty members with the essential qualification should be available in the institution before affiliation is granted to the institution. For this purpose, the Advocate General has stated that he will file additional affidavit giving out the details of the teaching staff along-with the list of paramedical staff, within a period of one week. 7. Hence, list this matter again on 29th July, 2008. In the meantime, the counsel representing the other parties shall file counter affidavit or rejoinder as the case may. The respondent-State should also explain as to how the students .had been admitted into the institution which had been set up and run by the State authority without the adequate teaching facility and infrastructure. 8. As the Advocate General has filed the affidavit in the nature of an undertaking that the building shall be completed by 2009, we see no reason for the Officers to remain present in person on each date. Hence, exemption from appearance on each date is granted to them unless required further.