Buddha School Of Nursing v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12277 of 2019 ====================================================== Buddha School of Nursing, Near Police Line, Behind Power Grid, Nawada through its Secretary Amit Kumar, Male, aged about 39 years, S/o Vinod Kumar Singh, resident of 302 Maya Enclave, Road No. 10, Patel Nagar, Rajbanshi Nagar, P.S.-Shastri Nagar, District-Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Health Services, Bihar.

2. The Director-in-Chief, Health Services, Bihar, Patna

3. The President, Indian Nursing Council, Combined Council Building, Kotla Road, Temple Lane, New Delhi-110002

4. The Secretary, Indian Nursing Council Combined Council Building, Kotla Road, Temple Lane, New Delhi-110002

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

For the Petitioner/s :

Mr. P.K.Shahi, Sr. Adv.

Mr. Suman Kumar, Adv.

For the Respondents No. 3 & 4 :

Mr. Ansul, Adv.

For the State :

Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2021 Though the present writ petition was initially filed for renewal of affiliation of the petitioner college for the academic session 2018-2020, pertaining to the R.A.N.M. Course, but during the pendency of the present writ petition, the Directorin-Chief, Health Services, Bihar, Patna, has passed

2/3 an order dated 23.05.2019 (Annexure-A to the counter affidavit filed by the Respondents no. 1 and 2), whereby and whereunder the recognition of the petitioner college has been cancelled with immediate effect.

In such view of the matter, the learned counsel for the petitioner, Sri P. K. Shahi, Sr. Advocate, assisted by Sri Suman Kumar, Advocate, in presence of Sri Ansul, the learned counsel appearing for the Respondents No. 3 and 4 and Sri Kamlesh Kishore (AC to SC-12), the learned counsel appearing for the State, seeks to withdraw the present writ petition with liberty to file a wholesome writ petition challenging the aforesaid order dated 23.05.2019, however, submits that liberty be granted to the petitioner for urgent mentioning of the writ petition to be filed by the petitioner.

Considering the prayer made by the learned Senior Counsel for the petitioner, the present writ

3/3 petition stands disposed of as not pressed, however, with liberty to the petitioner to challenge the aforesaid order dated 23.05.2019 passed by the Director-in-Chief, Health Services, Bihar, Patna. It is needless to state that as and when the writ petition is filed, the petitioner shall be at liberty to mention the case for urgent listing. Ajay/- (Mohit Kumar Shah, J) U