Bkaskar Bhattacharya, J. - (1.) This Mandamus Appeal is at the instance of a writ Petitioner and is directed against the order dated February 4, 1998 passed by a learned Single Judge of this Court disposing of the writ petition filed by the Appellant in terms of the order passed by the said learned Judge in another writ application being W.P. No. 1437 of 1997 (Bidyut Kumar Guha Roy v, The State of West Bengal and Ors.).
(2.) The grievance of the Appellant in this appeal is that the facts, circumstances and the cause of action of the aforesaid W.P. No. 1437 of 1997 (Bidyut Kumar Guha v. The State of West Bengal and Ors.) are totally different from those of the writ petition filed by the Appellant being VV.P. No. 20305 (W) of 1997 and as such the learned trial Judge erred, in disposing of the Appellant's writ application in terms of the order passed in W.P. No. 1437 of 1997. Thus, according to the Appellant, the learned trial Judge ought to have disposed of his writ application of merit.
(3.) To appreciate the contention of the Appellant, the facts giving rise to the instant appeal may be summarised thus: (a) The Appellant, having keen interest in Alternative system of Medicines, intended to prosecute studies on the aforesaid subject for the purpose of serving the poor section of the community at a lower cost in comparison with that of modern medicine. (b) Accordingly, having been attracted by the advertisement in different newspapers given by Dr. Prodip Kumar Biswas, the Respondent No. 13 on behalf of his institutions, the Appellant collected prospectus and on payment of requisite fees took admission in the Medical College of Alternative Medicine at 3, Canal Street, Calcutta-14 on July 12, 1997. (c) At the time of admission in the aforesaid college the Appellant was given to understand by the Respondent No. 13 that his institution was the only institution on Alternative Medicines and that the same is recognised by the Department of Health and Family Welfare, Government of West Bengal and accepted by the Medical Council of India, Govt. of India and also approved by the High Court at Calcutta and regular advertisements in different newspapers have been given by the Respondent No. 13 claiming as above. (d) Subsequently, the Appellant has come to learn that the said institution is not recognised by the Medical Council of India. The Appellant has thus been duped by the false representation of the Respondent No. 13. (e) The Appellant therefore, filed a writ application before the learned Single Judge being W.P. No. 20305 (W) of 1997 thereby praying, inter alia, for a writ of mandamus commanding the state Respondents to take appropriate legal action against the Respondent Nos. 10 to 13 and to stop such deceiving publication on behalf of the Respondents No. 11 to 13. (f) In the writ application filed by one Bidyut Kumar Guha Roy being W.P. No. 143 of 1997, the said Guha Roy made allegations against one Dr. S.K. Agarwal and his institution on alternative medicine viz. Indian Board of Alternative Medicines and open International University for Alternative Medicines and in the said writ application neither the Appellant nor the Respondents No. 11 to 13 are parties;