Ram Sharan Roy College, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5206 of 2026 ====================================================== Ram Sharan Roy College, Panapur - Makkanpur, P.O. - Jandaha, P.s. - Mahnar, District- Vaishali established under Ram Sharan Roy Memorial Educational and Social Welfare Trust, Panapur, Makkanpur, P.S. - Mahnar, District- Vaishali through its Director Sanjay Kumar (Male), aged about 48 years, Son of Ram Dayal Ray, Resident of Panapur - Makkanpur, P.O. - Jandaha, P.S. - Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar Department of Health, Govt. of Bihar New Secretariat Patna 2.
The Principal Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna.
3.
The Deputy Secretary, Department of Health, Govt. of Bihar, new Secretariat, Patna.
4.
The Director In-Chief (Nursing), Health Services, Department of Health, Govt. of Bihar, new Secretariat, Patna.
5.
Bihar Nurses Registration Council, Department of Health, New Secretariat, Patna through its Registrar.
6.
The Registrar, Bihar Nurses Registration Council, Department of Health, new Secretariat, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Adv.
For the State :
Mr. Gyan Prakash Ojha,GA(07) For the BNRC :
Mr. Awadhesh Kumar Pandit, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 02-07-2026 Heard learned counsel for the petitioner and learned counsel appearing for respondent-State.
2. With consent of the parties this writ application is being disposed of at this stage itself.
3. This writ application has been filed by the petitioner-College for direction to the respondent no. 4 i.e. the Director In-Chief (Nursing), Health Services, Department of
2/5 Health, Government of Bihar, New Secretariat, Patna for passing necessary order of permanent recognition in favour of the petitioner-College for conducting B. Sc.(Post Basic) Nursing Course.
4. Learned counsel for the petitioner submits that the petitioner institution has all the necessary infrastructure for grant of recognition for conducting B.Sc. (Post Basic) Nursing Course, and an application to this effect was submitted by the petitioner-College, vide Annexure-P/8, requesting therein for constitution of an inspecting team. The petitioner enclosed all the relevant documents, including the land documents and also provided all necessary details with regard to the infrastructure available in the petitioner-College. Based on the same, the petitioner made a request for grant of recognition for conducting B.Sc. (Post Basic) Nursing Course. The requisite fee was also deposited.
5. It is further submitted by learned counsel for the petitioner that after the aforesaid application was submitted by the petitioner-College, a decision was taken by the Health Department, State Government, vide communication dated 21.12.2023 ( Annexure P/9), to constitute specialized committee for making physical inspection of the petitioner-College. An
3/5 inspecting team was constituted by the respondent-Health Department for making physical inspection and the said inspecting team was directed to submit a report after holding inspection.
6. This decision of the Department of Health was communicated to all concerned, including the petitionerCollege. The petitioner-college was also directed to deposit a demand draft of Rs. 5000/- in favour of Registrar, Bihar Nurses Registration Council, Patna and in due compliance of the same, the petitioner deposited the aforesaid amount by way of demand.
7. It is further submitted by learned counsel for the petitioner that the aforesaid duly constituted inspecting team made physical inspection of the institution on 22.12.2023 and submitted its detailed report in the check-list enclosing all the relevant documents and made recommendation for grant of recognition. After physical inspection of the petitioner-College on 22.12.2023, the inspection report, along with all relevant records have been submitted by the Additional Director Health Services Bihar, Patna, to the Director In-chief (Nursing), Health Services, Bihar, Patna (Respondent No. 4) for further action,
4/5 vide Letter no. 35 dated 26.12.2023 (Annexure- P/11).
8. Learned counsel for the petitioner submits that the matter is pending before the Director In-Chief (Nursing), Health Services, Bihar, Patna (Respondent No. 4). Since then, no decision has been taken, which is proving to be severely prejudicial to the interest of the petitioner-College. He, therefore, prays that an appropriate direction be issued to the Director In-Chief (Nursing), Health Services, Bihar, Patna (Respondent no. 4) to take a final decision in the matter within a fixed time-frame, after giving an opportunity of hearing to the petitioner college.
9. To the aforesaid submission made by learned counsel for the petitioner, learned counsel appearing for respondent -State does not have any objection.
10. In light of the facts and circumstances enumerated above, and considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of, directing the Director In-chief (Nursing), Health Services, Department of Health, Government of Bihar, Patna (Respondent No. 4) to take a final decision in the matter within two months from today, after giving an opportunity of hearing to the petitioner. It is clarified that in case
5/5 the petitioner-College is found entitled to the relief, which the petitioner is seeking, the same should be extended to the petitioner-College, as soon as possible.
11. With the aforesaid observation and direction, the present writ application is disposed of. All pending interlocutory application(s), if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J) anuj/namrata U