Vidyapati Institute Of Higher Education v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15486 of 2024 ====================================================== Vidyapati Institute of Higher Education Mishri Singh Vishwamohini Nagar, P.O. and P.S.- Dalsinghsarai, District- Samastipur through its Secretary namely, Shiv Krishna Mandal (Male), aged about 46 Years, Son of Bindeshwari Prasad Mandal, Hous No. - 7, Road No. 3, East Patel Nagar, P.S. - Shashtri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna.

2.

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

3.

The Director In-Chief (Nursing), Health Services, Department of Health, Govt. of Bihar, New Secretariat, Patna.

4.

Bihar Nurses Registration Council, Department of Health, New Secretariat, Patna through its Registrar.

5.

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. Raisul Haque, SC10 For the B.N.R.C.

:

Mr. Awadhesh Kumar Pandit, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondents.

2. The present writ petition has been filed seeking the following reliefs:

"i. For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondents to grant and issue the necessary order of Permanent Recognition in favour of the Petitioner Institution for conducting B.Sc. Nursing Course since the Petitioner Institution fulfills each & every criteria for the same and in view of the fact that the duly constituted inspection team as constituted vide letter no. 1464(6) dated 13.09.2023 has made physical inspection of the Institution on 13.10.2023 and has already submitted the inspection Report

Patna High Court CWJC No.15486 of 2024(2) dt.27-01-2025 2/2 dated 13.10.2023 with a specific recommendation for grant of recognition for an intake of one hundred students.

ii. For any other relief/s for which the Petitioner is entitled in the eye of law in the facts and circumstances of the case."

3. At the very outset, learned counsel for the petitioner submits that a committee was formed by the State Government to inspect the petitioner's institution, and the committee submitted its report to the Government on 13.10.2023. However, no order has yet been issued by the Authority concerned.

4. Considering the facts and circumstances of the case, the petitioner is directed to file a detailed representation before the Respondent No.2 along with all supporting documents within a period of one week and the Respondent No.2 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within six weeks thereafter, on the basis of inspection report submitted by the Committee.

5. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U