Sunil Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1062 of 2022 ====================================================== Sunil Jha Son of Sri Mahesh Jha, resident of Ward No. 8, Village - Kauria, Post - Lalpur, Police Station- Runnisaidpur, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Health, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Health, Government of Bihar, Patna.

3.

The Secretary, Nursing Council of India, New Delhi. 4.

The Director in Chief, Health Services, Bihar, Patna. 5.

The Director, Bihar Nursing Council, Patna.

6.

Smt. Nirjala Kumari, Registrar, Bihar Nursing Council, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar, Advocate For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 28-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(I) For issuance of writ in the nature of mandamus directing the respondents to take

Patna High Court CWJC No.1062 of 2022 dt.28-01-2022 2/3 appropriate action against the Respondent No. 6 namely Smt. Nirjala Kumari, whose B.Sc Nursing Degree from distance education is not valid and the same is issued by a non-recognised institution. (II) For issuance of writ in the nature of mandamus refraining the Respondents No. 6 to perform the duty of Registrar, Bihar Nursing Council, Patna as her initial appointment is illegal because of her credential.

(III) For directing the respondents particularly Respondent No. 5 to restore the previous position/function of registrar, Bihar Nursing Council, Patna.

(IV) For any other relief/reliefs, for which the petitioner is entitled for and/or in the Public Interest." After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made by learned senior counsel for the petitioner, learned senior counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to file a proper petition, with better particulars, pursuing the personal interest, in accordance with law.

Permission granted with liberty as prayed for. Liberty also reserved to the petitioner to make a mention for listing of the petition on priority basis. As and when any such mention is made, Registry shall immediately

Patna High Court CWJC No.1062 of 2022 dt.28-01-2022 3/3 take steps for listing the petition at the earliest before the appropriate Court.

Instant petition stands disposed of as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 29.01.2022 Transmission Date