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2002 Supreme(Pat) 208

S.N.JHA
Singhbhum Homoeopathic Medical College & Hospital – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This writ petition by Singhbhum Homeopathic Medical College & Hospital and its Principal in representative capacity on behalf of 20 students of the college has been filed for quashing the decision of the B.R. Ambedkar Bihar University communicated by its Registrar under letter no. 423 dated 16.6.2001, disallowing the students of the college to appear at the ensuing BHMS examination on the ground of lack of territorial jurisidiction after coming into existence of the State of Jharkhand under the Bihar Reorganisation Act, 2000 .

2. The point at issue seems to be covered by the decision of the Supreme Court in State of Punjab V/s. Balbir Singh, (1976) 3 SCC 242-AIR 1977 Supreme Court 629, wherein interpreting the provisions of Section 88 read with section 2 (g) of the Punjab Re-organisation Act, 1966similar to those of sections 84 and 2 (f) of the Bihar Reorganisation Act, 2000 the Court held that even administrative orders not amounting to law continues to be in force in successor Stateafter divisionunless and until they are changed or repudiated by the successor State. The Court in that case was dealing with the effect of administrative order. The instant case stands on b








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