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Patna High CourtCWJC/5774/2026disposed

S.R.C. Institute Of Nursing And Paramedical Science v. The State Of Bihar

2026-07-283 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5774 of 2026 ====================================================== S.R.C. Institute of Nursing and Paramedical Science Mohammad Saidpur, Rajapakar, Vaishali through its Director, Rajeev Kumar (Male), aged about 41 Years, Son of Ram Lagan Ray, Resident of Village/Mohalla- Rajapakar, East Tola, P.O. - Rajapakar, P.S. - Rajapakar, District- Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

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

4.

Bihar Nurses Registration Council, Department of Health, New Secretariat, Patna through its Registrar.

5.

The Registrar, Bihar Nurses Registration Council, Department of Health, New Secretariat, Patna.

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate Mr. Raghubir Chandrayan, Advocate Mr. Satyam Kumar, Advocate For the Respondent/s :

Mr. Government Advocate (3) For the BNRC :

Mr. Awadhesh Kumar Pandit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-07-2026 Heard learned Advocate for the respective parties.

2. The petitioner is an institute duly represented through its Director-in-Chief has approached this Court seeking issuance of the writ in the nature Mandamus, directing the respondent State authorities to issue the necessary order of permission for establishment of the petitioner's institution and thereafter, grant recognition for conducting nursing course, after

Patna High Court CWJC No.5774 of 2026 dt.28-07-2026 2/3 making final inspection of the petitioner's institution by a duly constituted team under the provision of Nurses Training and Recognition, Affiliation and Conduct of Examination and School of Nursing Rules, 1997.

3. Briefly stated that the petitioner's institution registered as a charitable trust established the nursing institution for conducting different nursing courses and for the said purposes, applied in the prescribed format before the District Collector, Vaishali requesting therein to grant "No Objection Certificate". It is the contention of the learned Advocate for the petitioner that the institute fulfills all the necessary infrastructure for establishment and imparting the nursing courses.

4. After receipt of the application, the District Collector, Vaishali carried out due inspection of the institution and submitted "No Objection Certificate" in favour of the petitioner's institution under Memo No. 1712 dated 09.12.2024. Subsequent thereto, the Civil Surgeon cum Chief Medical Officer has also issued "No Objection Certificate" in favour of the petitioner's institution for conducting nursing courses vide order as contained in Memo No. 2437 dated 14.12.2024. The aforesaid No Objection Certificates along with other necessary

Patna High Court CWJC No.5774 of 2026 dt.28-07-2026 3/3 documents have been duly forwarded to the Director-in-Chief, Nursing Health Services, Bihar, Patna. Nonetheless, no decision has been taken with regard to grant of permission of establishment/recognition in favour of the petitioner's institution, hence the present writ petition.

5. Having considered the submissions advanced on behalf of the respective parties and taking note of the nature of the dispute, this Court deems it apt and proper to direct the respondent no. 3 to take appropriate decision in the matter of recognition of the petitioner's institution and, in case inspection is required, the same must be done at the earliest not beyond the period of four weeks and on receipt of the same take a final decision in the light of the inspection report and the recommendation, preferably within a further period of four weeks.

6. With the aforesaid direction, the present writ petition stands disposed off.

(Harish Kumar, J) siddharth/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.07.2026 Transmission Date NA