Rajiv Kumar Shukla vs The State Of Bihar
2023 Latest Caselaw 3979 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14195 of 2022
     ======================================================

Rajiv Kumar Shukla S/o-Sri Nirmal Shukla, R/o-At and P.O.-Wari, P.S.- Singhia, District-Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna,

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Addl. Chief Secretary, Department of Health, Govt. of Bihar, Patna.

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

5. The Director-in-Chief (Nursing),Health Service, Govt. of Bihar, Patna.

6. The Registrar, Bihar Nurses Registration Council, Vikash Bhawan, New Secretariat, Bailey Road, Patna.

7. The District Magistrates of all the 38 Districts of the State of Bihar,

8. The Civil Surgeons of all the 38 Districts of the State of Bihar,

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate For the Respondent/s : Mr. S. D. Yadav, AAG-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-08-2023

The writ petition filed as a Public Interest

Litigation has omnibus prayers, but without following the

essential requirements of impleading the parties against whom

the allegations are raised. The petitioner seeks a high-level

inquiry to find out the B.Sc. (N) Nursing Colleges/ANM

Nursing Colleges running in the State of Bihar, carried on

without fulfilling the required criteria as per the Guidelines and Patna High Court CWJC No.14195 of 2022 dt.23-08-2023

Minimum Requirements to establish Nursing Colleges in the

State of Bihar contained in Annexure-1.

2. Direction is also sought against the official

respondents to take legal and punitive action against all such

colleges found to have not fulfilled the minimum required

criteria as per the Guidelines. However, none of the colleges

who are alleged to have not fulfilled the minimum required

criteria have been impleaded in the writ petition. It only shows

that the writ petition has been filed without any research and

only on assumed slackness in fulfilling the criteria as prescribed

in Annexure-1. Further, the petitioner has attempted to implead

the District Magistrates and Civil Surgeons of all 38 districts as

respondent nos. 7 and 8. We are thoroughly dissatisfied with the

manner in which the writ petition has been filed.

3. The counter affidavit of the State dated

22.12.2022 indicates that the State and its authorities are aware

of the functioning of certain colleges, which do not have the

minimum criteria required. It has been stated that the health

authorities prudently involved the District Magistrates in the

process of inspection of privately run medical educational

institutions such as A.N.M. Schools, G.N.M. Institutions, B.Sc

Nursing Colleges, Paramedical Institutions and Pharmacy Patna High Court CWJC No.14195 of 2022 dt.23-08-2023

Institutions, with the object and intent of enhancing the quality

of such institutions, within the State of Bihar. The Additional

Chief Secretary, Health Department, by communication dated

08.02.2023 requested the District Magistrates to constitute

different teams at their level, for conducting inspection of

privately run medical and paramedical educational institutions;

the copy of which is produced as Annexure-A.

4. Following up the communication dated

08.02.2022, reminders have also been issued, and 78 reports

have been received out of a total of 152 nursing institutions

existing within the State. In such circumstances, we are of the

opinion that the State is conscious of the allegations levelled and

is taking up appropriate action.

5. We see that a number of counter affidavits have

been filed by the various District Magistrates and the Civil

Surgeons, together. However, we are not intending to monitor

the exercise of weeding out those institutions which have not

satisfied the minimum criteria for establishing such institutions.

In any event, since an inquiry has been initiated, we find no

reason to further direct an investigation.

6. The writ petition would stand closed, expressing

the opinion that the State would take appropriate action and Patna High Court CWJC No.14195 of 2022 dt.23-08-2023

ensure that the minimum standards are maintained as also

quality education imparted in the medical and paramedical

institutions.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) aditya/-

AFR/NAFR
CAV DATE
Uploading Date          28.08.2023.
Transmission Date