Patna High Court

Patna, June 22: The high court today directed the state government to complete the process of appointment of professors and lecturers of Muzaffarpur-based Rai Bahadur Tunki Shah Government Homoeopathy College within two weeks.

The court today took a strong exception to the non-compliance of its order for filling up the vacancies in the Muzaffarpur-based college.

A division bench of Justice Shiva Kirti Singh and Justice Vijeyandra Nath made it clear that if the authorities concerned failed to comply with the order then contempt proceedings would be initiated against them.

The court passed the direction on a contempt petition filed by Muzaffarpur-based lawyer Sudhir Kumar Ojha seeking direction to the government to fill the vacancies of the teaching and technical employees according to the Medical Council of India.

Appearing for the petitioner, Vijay Kumar Singh submitted that about 90 per cent posts of professors, readers, lecturers, nurses and compounders have been vacant with no appointment since 1990. Since the past two decades, the lack of faculty and technical support has affected both studies as well as the treatment at the hospital.

Out of the total sanctioned strength of 124 posts, there are four professors, three readers, 24 lecturers, 12 doctors, one principal and one superintendent, Ojha said in his petition.

While hearing the public interest litigation (PIL), Patna High Court on April 16, 2010 directed the state government to fill up the vacancies in four months. After the government did not take any step in this regard, a contempt petition was filed.

Prod to government

Patna High Court directed the state government and Bihar State Housing Board to inform the court about the steps they have taken to remove the encroachment from 1,024 acres acquired by the board for developing the plots for various categories.

A division bench headed by Chief Justice Rekha M. Doshit passed the order while hearing a petition filed by the council for protection of public rights and welfare and others seeking direction to provide the actual possession to allottees.

The state government in 1972 had acquired 1,024 acres of land for Bihar State Housing Board so that urban housing project could be developed for lower, middle and higher income groups.

M.P. Gupta, the counsel for one of the petitioners, submitted that in 1990 the Supreme Court had directed that plots should be allotted among the 12,000 applicants through a lottery system.

Out of this, around 8,000 applicants were allotted plots but they were never given their actual possession.

The aggrieved people then moved the high court seeking direction to the state government to notify the Act so that they can claim repayment of their money along with 8 per cent of compound interest as per the Act.

Gupta contended that the Act, which was passed by the Legislative Assembly and Legislative Council on April 20 last year has already been published in the gazette publication but was not notified and unless the Act was notified the benefits cannot be availed of.

Out of 1,024 acres, which was to be developed by the housing board, around 400 acres were encroached.

In another case, a division bench headed by S.K. Katriar today directed a petitioner to approach Patna district magistrate for removal of liquor shops at Bhootnath road. The court said the district magistrate should dispose of the cases as per the law.