Ambedkar Institute Of Higher Education v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17698 of 2022 ====================================================== Ambedkar Institute of Higher Education Chhitnawa, Danapur Patna, Bihar801503, thorugh its Director Kaushal Kumar Giri, male, aged about 52 years, S/o Harish Chndra Giri, R/o 301 Puspa Mansion, Vivekanan Park Road, Alpha Market, Patliputra, Bihar, Patna -800013 ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Health Department, Bihar, Patna. 3.

The Special Secretary, Health Department, Bihar, Patna. 4.

The Joint Secretary, Health Department, Bihar, Patna. 5.

The Director-in-Chief, Health Services, Bihar, Patna. ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. P.K. Shahi, Sr. Adv. with Mr.Suman Kumar, Adv.

For the Respondent/s :

Mr.Ajay Behari Sinha, GA VIII with Mr. Neeraj Raj, AC to GA VIII ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 03-01-2023 Heard the parties.

Learned Senior Counsel appearing for the petitioner has submitted that after filing of the writ petition on 26.12.2022 the respondents have already conducted an inspection for granting affiliation of post B.Sc. Nursing Course. However, he apprehends that no decision will be taken as was not taken earlier. It has been pointed out that also too in 2019 inspection was conducted but no decision was taken at the level of the respondents.

Learned Senior Counsel appearing for the State does not object if this case is decided with observation that the

Patna High Court CWJC No.17698 of 2022(2) dt.03-01-2023 2/2 decision be taken.

Having heard both the counsel, this Court is of the firm view that a decision must be always taken if an application is moved for seeking affiliation and the case of any institution should not be kept in abeyance for years together. In the present case, this Court finds that the application was filed on 01.10.2018 but no decision has been taken till date. However, as the new inspection has already been conducted on 26.12.2022, this Court directs the respondents to take steps on the basis of the inspection conducted. If there are deficiencies found the institution be asked to remove the deficiency within a stipulated period and thereafter if it so chooses conduct a fresh inspection and pass suitable order as required in law. The entire exercise should be conducted positively within a period of three months henceforth. With the aforesaid observations, this writ petition stands disposed of.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 13 U