Gautam Educational And Welfare Society v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9600 of 2022 ====================================================== Gautam Educational and Welfare Society Mahaba Kothi, Bangalitola, Laheriasarai Darbhanga, Bihar through its Secretary namely Raghvendra Narayan Rai (male) aged about 62 years son of Lakshmikant Rai resident of Village/Mohalla - Purandaha, infront of Durgamandir, Deoghar P.O. Deoghar, P.S. Deoghar, District - Deoghar, Jharkhand.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Director-in-Chief (Nursing), Health Services, Bihar, Patna. 4.

The Civil Surgeon-cum-Chief Medical Officer, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Mishra, Adv.

For the Respondent/s :

Mr. Manish Kumar (AC to GP 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 14-10-2022 Heard the parties through virtual mode.

1. The petitioner has filed this petition praying for directing the respondents to take a decision for granting permission for General Nursing Midwifery (GNM) course for which the petitioner applied on 29th June 2018 and further to direct the respondents to take a decision with regard to granting NOC pursuant to letter dated 07.09.2021.

2. This Court finds that the permission sought for by the petitioner is stale and old having been filed in 2018. The norms for setting up a General Nursing Midwifery (GNM)

Patna High Court CWJC No.9600 of 2022(2) dt.14-10-2022 2/2 course have to be assessed as on today, five years have passed by.

3. In view thereof, it would not be appropriate to accept the prayer as made by the petitioner. However, it is observed that if the petitioner submits a fresh application seeking permission for General Nursing Midwifery course as per the present existing norms and is able to satisfy the respondent authorities of having fulfilled all the norms and conditions laid down under the Act, the said application shall be processed and decided within a period of six months from the date of submission of such application. The State Government would also examine the aspect relating to NOC within the said period. If the petitioner has any grievance left he shall be free to take up the matter before the appropriate legal forum.

4. The writ petition is accordingly disposed of. (Sanjeev Prakash Sharma, J) Shaswat/- Item no. 39 U