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Mushir Ahmad & Another v. State Of U.P. Thru' Principal Secy. & Ors. - WRIT - C No. 48940 of 2005  RD-AH 1648 (14 July 2005)
COURT NO. 34
COVIL MISC. WRIT PETITION NO. 48940 OF 2005
Mushir Ahmed & Anr. ------------- Petitioners
The State of U.P. & Ors. ------------- Respondents
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This writ petition has been filed to seek a direction to the Chief Medical Officer, Aligarh to register the petitioners in view of the order passed by this Court in Writ Petition No. 820 of 2002, Rajesh Kumar Srivastava Vs. A.P. Verma, Chief Secretary & Ors., by which every person indulging in medical sciences, was directed to get himself registered by 31st April, 2004. This writ petition has been filed with the grievance that the petitioners could not apply within the stipulated period, and as to why the application after one year of the time fixed by this Court, has not been disposed of. Therefore, the Court should issue direction to the respondent no. 4 to register the petitioners.
Firstly, there is no explanation as under what circumstances the petitioners could not approach within time. Petitioners claim to have obtained the education from Bharat Tibbiya College, Saharanpur. However, they could not be able to show that the said institution was authorised by the competent authority to impart medical education. This Court had already declared the said school not authorised to impart education in medical sciences. A large number of cases and all identical petitions moved by the persons obtaining any kind of qualification from the said school have also been rejected holding that the petitioners therein did not possess the eligibility to indulge in any kind of practice in medical sciences.
It is evident from the judgment and order dated 18.05.2005 of this Court in Civil Misc. (Intervention) Application No. 77269 of 2005 on behalf of National Integrated Medical Association in Civil Misc. Contempt Petition No. 820 of 2002, Rajesh Kumar Srivastava Vs. A.P. Verma, Chief Secretary & Ors., that in pursuance of the direction of this Court, the State Government has already published a list of unauthorised colleges offering recognised course in Ayurved and Unani and Tibbi system of medicine. The Court observed as under:-
Learned counsel for the petitioners could not point out any judgment and order of this Court, by which the operation of the order 18.5.2005 has been stayed or the judgment has been set aside.
"Under the directions of this Court, the State Government has already published a list of authorised colleges offering recognised course in Ayurved and Unani and Tibbi system of medicine. This publication published under the authority of Director, Ayurved and Unani Services, U.P. Lucknow dated 3.5.2005 has been published in ''Amar Ujala' dated 6.5.2005. It does not include these five colleges. This advertisement clearly established that the State Government had never recognized these five colleges. Let fresh advertisement be published by the State Government that the diploma course of these five colleges are unauthorised, and that these persons shall be struck off the Register and are not entitled to practice."
We do not see any ground to interfere with the petition. It is accordingly dismissed.
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