Gauhati High Court

WP(C)/6795/2010 of SRI NRIPEN SARMA Vs THE UNION OF INDIA and ORS on 23 December 2010

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BEFORE THE HON’BLE MR JUSTICE IA ANSARI Heard Mr. BK Das, learned counsel for the petitioner, and Ms. P Das, lea rned Central Government Counsel. Heard also Ms. A Verma, learned Standing Counse l, Health Department. The petitioner claims to have graduated in alternative medicine from

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WP(C) 6795/2010BEFORE

THE HON’BLE MR JUSTICE IA ANSARI

Heard Mr. BK Das, learned counsel for the petitioner, and Ms. P Das, learned Central Government Counsel. Heard also Ms. A Verma, learned Standing Counsel, Health Department.

The petitioner claims to have graduated in alternative medicine from Tersa Medical College of Alternative Medicine, Kolkata, in the year 2000 and, thereafter, he also obtained post graduate degree in alternative medicine from the Institute of Alternative Medicine, Kolkata, in the year 2003. The petitioner claims that he has applied to the authorities concerned for allowing him to practice alternative medicine in the State of Assam, but the same has not been considered and no order has yet been passed. The petitioner has, as indicated hereinbefore, made a representation on 26-04-2010 (Annexure-D to the writ petition), addressed to respondent No. 3, namely, Director of Health Services, Assam, seeking permission to allow him to practice as a private medical practitioner. The representation, according to the petitioner, has not yet been considered and no final order has been passed thereon.

Considering the matter in its entirety and in the interest of justice, it is hereby directed that respondent No. 3, namely, Director of Health Services, Assam, shall examine the petitioner’s representation, dated 26-04-2010, aforementioned,in the light of the relevant laws and also the Government policy, in force,in this regard and, then, pass appropriate order(s) thereon. The whole exercise, so directed, shall be completed within a period of six weeks from the date of receipt of a copy of this order by the respondent No. 3. Whatever decision(s) is/are taken by respondent No. 3, or whatever order(s) is/are passed by the respondent No. 3, the same shall be communicated, in writing, to the petitioner. If the petitioner feels aggrieved by the decision(s), which may be taken by the respondentNo. 3 and/or the order(s) that may be passed on the said representation, the petitioner shall remain at liberty to take recourse to such provisions of law as may be permissible.

With the above observations and directions, this writ petition shall stand disposed of.

Furnish a copy of this order to the learned Standing Counsel, Health Department.

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