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Patna High CourtCWJC/11659/2025disposed

Mandar Institute Of Paramedical Science v. The State Of Bihar

2025-09-18Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11659 of 2025 ====================================================== Mandar Institute of Paramedical Science Mohiddinpur, Samastipur, Bihar governed under Ram Swarup Singh Memorial Charitable Trust, Flat No. 105, First Floor, Dani Krishna Apartment, Laxminarayan Path, near Vivekanand Marg, Patna through its Managing Trustee namely Aman Prakash aged about 48 years (Male), S/o- Dani Prakash Singh, R/o House No. 207/C Ashok Nagar, Road No.1, Ranchi, District- Ranchi (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Health Department, Govt. of Bihar New Secretariat, Patna. 2.

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

3.

The Director-In-Chief Health Services, Govt. of Bihar, Patna. 4.

The Vice Chancellor, Bihar University of Health Sciences, Mithapur, Patna. 5.

The Registrar, Bihar University of Health Sciences, Mithapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Respondent/s :

Mr. Government Advocate (10) Mr. Manoj Kumar yadav, AC to GA-10 For the S.H.S.

:

Mr. K.K.Sinha, Adv.

Mr. Shashi Shekhar, Adv.

For B.U.H.S.

:

Mr. Ajay, Adv.

Mr. Sudhir Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-09-2025 Hard the parties.

2. The petitioner is an institute of Paramedical Science represented through its Managing Trustee has approached this Court seeking issuance of a writ in the nature of mandamus commanding upon the concerned respondents to grant recognition for conducting courses of Paramedical Diploma and Paramedical Degree Courses for the session

Patna High Court CWJC No.11659 of 2025(2) dt.18-09-2025 2/3 2023-24 as the institute in question has already applied in due format and Five Men Committee was constituted by the State Government for inspection of the Institution vide Memo No. 367(1) dated 15.04.2021.

3. Mr. Shashi Bhushan Singh, learned Advocate for the petitioner submitted that in pursuant to the afore-noted memo dated 15.04.2021, inspection was duly conducted on 21.12.2021; certain shortcomings were pointed out by the Five Men Committee vide letter no. 20(1) dated 10.01.2024. On being confronted with the letter, the institute in question has removed all the shortcomings and in compliance thereof, uploaded the same on portal and a hard copy in this regard has also been submitted vide letter no. RSSMTC/2024/051 dated 05.04.2024, the copy of which has also been marked as Annexure P-7 and P-7/1 to the writ petition.

4. Despite the aforesaid fact and submission of the necessary papers showing removal of the deficiency, till date, no action has been taken at the level of the respondent State authorities and in absence of "No Objection Certificate", the petitioner has not been extended recognition. It is specifically contended that some of the identically situated institute have approached this Court and in their cases, in pursuant to the order of this Court, no objection certificate for extending the

Patna High Court CWJC No.11659 of 2025(2) dt.18-09-2025 3/3 recognition to run the institution has been issued, but discrimination has been made, the particulars of which have been duly mentioned in the writ petition, with the present institution, hence the present application.

5. Learned Advocate for the State, University and the Health Society unanimously submitted at the Bar that since the inspection report has already been submitted, the same shall be considered by the concerned authorities and they will take appropriate decision and subsequent action in accordance with law.

6. Having considered the nature of the grievance and the submissions advanced, as also the materials available on record, this Court instead of keeping the matter pending, deems it fit and proper to dispose off the same, directing the respondent no. 2 to look into the matter and take appropriate decision, in the light of the compliance report of the petitioner, preferably within a period of 8 weeks from the date of receipt/production of a copy of this order.

7. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U