DR. AMITABH KUMAR, SON OF SRI HARIHAR PRASAD PANDEY Vs. UNION OF INDIA
LAWS(JHAR)-2017-8-7
HIGH COURT OF JHARKHAND
Decided on August 11,2017

Dr. Amitabh Kumar, Son Of Sri Harihar Prasad Pandey Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

PRAMATH PATNAIK, J. - (1.) This civil review application has been filed praying inter alia, to review/modify order dated 20.01.2017 passed in W.P. (S) No. 2943 of 2016, on the ground that the certain observations made in the impugned order has been made bereft of the record inadvertently and those errors are apparent on the face of record.
(2.) Learned counsel for the petitioner submitted that in paragraph 5 of the impugned order, it has been observed that "the notification dated 02.08.2011 vide Annexure -R/1 to the counter affidavit of respondent no. 1 indicates that the valid tenure of the petitioner's membership in Suryamukhi Dinesh Ayurvedic Medical College, which is affiliated with Vinoba Bhave University, Hazaribagh, is 05.07.2011 to 05.07.2016." In this regard, it has been submitted that from perusal of aforesaid observation, it suggests that the tenure of the petitioner as a member of Suryamukhi Dinesh Ayurvedic Medical College, is for five years but the fact is that the petitioner is selected to term of membership in Central Council of Indian Medicine (in short CCIM for the sake of convenience) on being elected under Section 3(1)b of the Indian Council of Central Medicine Act , 1970.
(3.) Learned counsel for the petitioner further submitted that in paragraph 5 of the impugned order it has further been observed that "the present case does not pertain to terms of member of CCIM but the issue relates to faculty tenure of the petitioner, which is requisite qualification under the statute to continue as a member of the College under Section 3 (1) (b) of the IMCC Act, 1970." Learned counsel for the petitioner submitted with vehemence that there was no dispute regarding continuance as a faculty member of College and aforesaid observations at paragraph 5 of the impugned judgment is bereft of the record and same is required to be deleted/modified.;


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