Sundaram Institute Of Nursing Training (B.Sc. Nursing College) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4633 of 2020 ====================================================== Sundaram Institute of Nursing Training (B.Sc. Nursing College) Gaurichak, Patna through its Secretary, Shankar Kumar (Male), aged about 52 Years, Son of Shri Bangali Singh, Resident of J/189, P.C. Colony, P.S.- Kankarbag, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna.

2.

The Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna.

3.

The Director In-Chief (Nursing), Health Services, Department of Health, Govt. of Bihar, New Secretariat, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the State :

Mr.Sudama Kumar, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of an appropriate writ in the nature of Mandamus commanding the Respondents to issue the necessary order of recognition to the petitioner institution for conducting B.Sc. Nursing course since the physical inspection of the petitioner institution has been made on 27.7.2019 by the duly constituted inspecting team as constituted vide order as contained in Memo No. 679(6) dated

Patna High Court CWJC No.4633 of 2020(2) dt.06-03-2020 2/3 28.5.2019 and the said Inspecting team has already submitted their inspection report by letter dated 30.7.2019 to the Director-in-Chief, Health Services, Bihar, Patna recommending for grant of recognition to the petitioner institution for conducting B.Sc. Nursing Course for an intake of 60 students.

ii. For issuance of an appropriate writ in the nature of certiorari for quashing the order as contained in Memo number 1612(6) dated 10th of December 2019 (Annexure-6) by which a new inspecting team has been constituted for inspection of the petitioner institution with a direction to submit report in the prescribed checklist for grant of recognition for conducting B.Sc. Nursing course as the reasoning as indicated in the said order is wholly absurd, illegal, arbitrary and malafide and furthermore the said Committee is not in consonance with the Nurses training recognition affiliation and conduct of examination of school of nursing Rules 1997

Patna High Court CWJC No.4633 of 2020(2) dt.06-03-2020 3/3 also."

The short prayer made by the petitioner is to direct the Director-in-Chief (Nursing), Health Services, Department of Health, Government of Bihar, Patna to take a final decision regarding the recognition of the petitioner-institution on the basis of the recommendation made by the Inspection Committee, if any.

Having regard to the short prayer made by the learned Senior Counsel for the petitioner, I deem it fit and proper to direct the Director-in-Chief (Nursing), Health Services, Department of Health, Government of Bihar, Patna to consider the case of the petitioner for grant of recognition for conducting B.Sc. nursing course and pass appropriate orders within a period of six weeks of receipt / production of a copy of this order.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U