Capital Institute Of Nursing v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16058 of 2024 ====================================================== Capital Institute of Nursing Mauza- Singhara, P.S.- Dulhin Bazar, DistrictPatna through its Secretary namely Samshad Ali (Male) aged about 46 Years, Son of Muslahuddin, Resident of Village/Mohalla - Yusuf Manzil New Azimabad Colony, Sector- A, Behind Little Star School, Sampatchak, Mahendru, P.S.- Gopalpur, 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 :

Addl. Advocate General 4 For the B.N.R.S.

:

Mr. Awadhesh Kumar Pandit, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2025 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 G.N.M. Course (General Nursing Midwifery Course) since the Petitioner Institution fulfills each &

Patna High Court CWJC No.16058 of 2024(2) dt.07-04-2025 2/3 every criteria for the same and in view of the fact that the duly constituted inspection team as constituted vide letter bearing memo no. 299(6) dated 05.02.2024 has made physical inspection of the Institution on 07.03.2024 and has already submitted the inspection Report vide letter no. 65 dated 11.03.2024.

(ii) 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 bearing memo no. 60 dated 29.02.2024 has made physical inspection of the Institution on 07.03.2024 and has already submitted the inspection Report vide letter no. 64 dated 11.03.2024.

iii. 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 11.03.2024. 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

Patna High Court CWJC No.16058 of 2024(2) dt.07-04-2025 3/3 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 dated 11.03.2024 submitted by the Committee.

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

(Anjani Kumar Sharan, J) divyanshi/- U