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Patna High CourtCWJC/7222/2025dismissed

Satyam Para Medical College And Research v. The State Of Bihar

2025-11-04Mr. Justice Harish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7118 of 2025 1.

Shyam Bihari Singh Paramedical and Nursing Institute, Masaurhi, through its Administrative Director, namely Mr. Murari Kumar Singh, (an Institute run under the Management of Shyam Bihari Singh Educational and Welfare Trust having registered office at Saristabad Sri Rampath No. B/3, Police Station- Gardanibagh, Post Office- Anishabad, District- Patna- 02. 2.

Shri Murari Kumar Singh, Son of Ram Bachan Singh, Resident of Alawalpur, District- Patna- 803203. Presently Administrative Director, Shyam Bihari Singh Paramedical and Nursing Institute, Masaurhi. ... ... Petitioner/s

Versus

1.

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

2.

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

The Joint Secretary, Department of Health, Government of Bihar, Patna. 4.

The Bihar University of Health Sciences, through its Registrar, Gyan Parisar, Mithapur, Patna, Bihar- 800001.

5.

The Chancellor, Bihar University of Health Sciences, Gyan Parisar, Mithapur, Patna, Bihar- 800001.

6.

The Vice-Chancellor, Bihar University of Health Sciences, Gyan Parisar, Mithapur, Patna, Bihar- 800001.

7.

The Registrar, Bihar University of Health Sciences, Gyan Parishar, Mithapur, Patna, Bihar- 800001.

8.

The Ad-hoc Affiliation Committee, through Registrar, Bihar University of Health Sciences, Gyan Parisar, Mithapur, Patna, Bihar- 800001. ... ... Respondent/s with Civil Writ Jurisdiction Case No. 7222 of 2025 Satyam Para medical College and research at Maripur, Over brifge Road, P.S.- Kazi Mahammadpur, District- Muzaffarpur, Pin code- 842001, through its Director, Usha Kiran Roy, female, aged about- 67 years, wife of Kumod Kumar Roy, resident of- Roy Nurshing home, Maripur, P.S. - Kazi Mahammadpur, District - Muzaffarpur, Pin code- 842001 ... ... Petitioner/s

Versus

1.

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

2.

The Director-in-chief, Health services, Government of Bihar, Patna 3.

Indian Nurshing Council, 8th Floor, NBCC Center, Plot no.-2, Community center, Okhla, phase- I, New Delhi, Delhi- 110020, through its secretary

2/5 4.

Bihar Nurses Registration Council, Patna through its Registrar. 5.

The Director-in-chief, Health services, Government of Bihar, Patna-cumChairman, Bihar Nurses Registration Council, Patna 6.

Bihar University of Health Sciences Patna through its Registrar. 7.

Vice Chancellor Bihar University of Health Sciences, Patna 8.

The Registrar, Bihar University of Health Sciences, Patna. ... ... Respondent/s with Civil Writ Jurisdiction Case No. 9162 of 2025 1.

Shri Arvind Foundation through its Secretary, namely Mr. Alok Kumar, having its registered office at 5th Floor, Red Cross Bhavan, North Gandhi Maidan, Police Station-Gandhi Maidan, District-Patna-800001. 2.

Shri Alok Kumar, son of Arvind Prasad, Resident of G-62, 6th Floor, DGS Society, Dwarka, Sector-22, Post-Raj Nagar-II, District-South West Delhi110077, presently Secretary, Shri Arvind Foundation. ... ... Petitioner/s

Versus

1.

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

2.

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

The Joint Secretary, Department of Health, Government of Bihar, Patna. 4.

The Bihar University of Health Sciences, through its Registrar, Gyan Parisar, Mitahpur, Patna, Bihar-800001.

5.

The Chancellor, Bihar University of Health Sciences, Gyan Parisar, Mitahpur, Patna, Bihar-800001.

6.

The Vice-Chancellor, Bihar University of Health Sciences, Gyan Parisar, Mitahpur, Patna, Bihar-800001.

7.

The Registrar cum Examination Controller, Bihar University of Health Sciences, Gyan Parisar, Mitahpur, Patna, Bihar-800001. 8.

The Ad-hoc Affiliation Committee, through Registrar, Bihar University of Health Sciences, Gyan Parisar, Mitahpur, Patna, Bihar-800001. ... ... Respondent/s Appearance :

(In Civil Writ Jurisdiction Case No. 7118 of 2025) For the Petitioner/s :

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

Mr. P. K. Shahi, Advocate General Mr. Rajeshwar Singh, GA- 10 Mr. Pramendra Kumar Singh, AC to GA- 10 For the Health Sciences :

Mr. Ajay, Sr. Advocate Mr. Sudhir Kumar, Advocate (In Civil Writ Jurisdiction Case No. 7222 of 2025)

3/5 For the Petitioner/s :

Mr. Yugal Kishore, Advocate Ms. Rupa Kumari, Advocate For the Respondent/s :

Mrs. Binita Singh, SC- 28 For the INC :

Mr. Ansul, Sr. Advocate Ms. Sakshi Bhatnagar, Advocate For the Health Sciences :

Mr. Ajay, Sr. Advocate Mr. Sudhir Kumar, Advocate For the PCI :

Mr. Parul Prasad, Advocate For the BNRC :

Mr. Awadhesh Kumar Pandit, Advocate (In Civil Writ Jurisdiction Case No. 9162 of 2025) For the Petitioner/s :

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

Mr. P. K. Shahi, Advocate General Mr. Prashant Pratap, GP- 2 For the Health Sciences :

Mr. Ajay, Sr. Advocate Mr. Sudhir Kumar, Advocate CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR CAV JUDGMENT Date : 04-11-2025 Heard learned Advocate for the respective parties.

2. These batch of writ petitions are preferred by the different Institutions through their respective office bearers, who have been imparting certificate(s) and diploma in the field of Para Medical and Nursing.

3. The petitioners-institutions are aggrieved with letter no.196(1) dated 28.03.2024 issued by the respondentDepartment of Health, by which it has been communicated that in respect of different courses, inter alia, Para Medical/Para Dental/Pharmacy/Auxiliary Nursing Midwife/General Nursing Midwife courses affiliation and examination related work would be carried out by the Bihar Health Sciences University, Patna (for short 'the University'). The petitioners also sought quashing of letter no.191 dated 06.02.2025 issued by the Registrar,

4/5 University, by which the petitioners-institutions have been directed to get affiliation from respondent-University, failing which necessary action shall be initiated. The petitioners also seek a direction upon the respondent authorities to refrain from carrying out instruction(s) contained in important notice dated 28.10.2024 bearing Memo No.1404, in so far as same related to the Nursing Schools offering Auxilliary Nursing Midwifery/General Nursing Midwifery Courses that have already been granted affiliation by the Bihar Nurses Registration Council, Patna for different Academic Sessions beyond 20232024. The petitioners also sought a direction to the respondentAd-hoc Affiliation Committee of the University to admit/affiliate only those colleges/institutions for only those subjects/courses, which are within their jurisdiction as provided under the University Act, 2021 and its first statute dated 13.10.2023.

4. The State and the University representing through Mr. P.K. Shahi, learned Advocate General and Mr. Ajay, learned Senior Advocate along with other Advocates representing the different respondents have adopted the submissions set forth in the case of Balaji Nursing School & Ors. v. The State of Bihar & Ors. [C.W.J.C. No.19010 of 2024] and submitted the

5/5 issue(s) as raised in the present writ petitions are identical to those raised in the afore-noted writ petition.

5. Considering the aforesaid submissions and taking note of the fact that the challenge to the impugned orders and the issues raised before this Court were the subject matter of C.W.J.C. No.19010 of 2024, which came to be dismissed; the present writ petitions are also disposed off in similar terms of Balaji Nursing School (supra).

6. Accordingly, all these writ petitions stand dismissed in similar terms.

(Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE 21-08-2025 Uploading Date 10-11-2025 Transmission Date