Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.571 of 2022 ====================================================== Suman Kumar S/o Late Umesh Kumar, Resident of Village and P.O. Barara, P.S. - Noorsarai, District - Nalanda, at Present Secretary, Nalanda Nursing School, Dinkar Nagar, Rajgir Road, Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Health Department, Government of Bihar, Patna. 2.

Special Secretary, Health Department, Government of Bihar, Patna. 3.

Director in Chief, Family Planning, Maternity Child Health and Nursing Health Services, Bihar, Patna.

4.

Bihar Nurses Registration Council, New Secretariat, Bihar Patna through Registrar.

5.

Registrar, Bihar Nurses Registration Council, New Secretariat, Bihar, Patna. 6.

Additional Chief Secretary, Health Department, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Y.V. Giri, Sr. Adv.

Mr.Shanti Pratap, Adv.

For the State :

Mr.Pankaj Kumar (Sc22) Mr.Kamlesh Kishore, AC to SC 22 For the Resp. Nos.4 & 5 :

Mr.Awadhesh Kumar Pandit, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2024 Heard learned Senior Counsel assisted by learned counsel for the petitioner and learned counsel for the respondents.

2.

Learned counsel for the petitioner is directed to implead the Additional Chief Secretary, Health Department, Government of Bihar, Patna as respondent no.6 in course of the day.

Patna High Court CWJC No.571 of 2022(5) dt.12-09-2024 2/3 3.

Learned Senior Counsel for the petitioner submits that while passing the order contained in Annexure-23, the Additional Chief Secretary, Health Department pointed out some discrepancies. He further submits that all the discrepancies have already been removed, which is clear from I.A. No.01/2022 and rejoinder to the supplementary counter-affidavit. 4.

Considering this fact, the petitioner is directed to file a detailed representation including all the supporting documents, which is enclosed in the Interlocutory application and in the rejoinder to the supplementary counter-affidavit, before the Additional Chief Secretary, Health Department, Government of Bihar, Patna (respondent no.6) within a period of four weeks. 5.

On receipt of such representation, the respondent no.6 is well advised to pass a reasoned and speaking order, in accordance with law, considering this fact that the Department has given affiliation to some institutions but has not granted affiliation to the petitioner's institution, which is clear from Annexure-12 series. An order must be passed within a period of 10 days from the date of receipt of the representation of the petitioner, after hearing the counsel for the petitioner. 6.

It is made clear that if an order is not passed within the

Patna High Court CWJC No.571 of 2022(5) dt.12-09-2024 3/3 aforesaid period, the respondent no.6 shall be personally held responsible for non-compliance of the order of this Court. 7.

Order contained in Annexure-P/23 dated 28.03.2022 passed by the Additional Chief Secretary, Health Department, Government of Bihar, Patna is hereby quashed. 8.

With the aforesaid direction, this writ petition stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U