[Cites 1, Cited by 0]
Patna High Court
Nalanda Nursing School vs The State Of Bihar on 16 December, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18568 of 2024
======================================================
Nalanda Nursing School, Dinkar Nagar, Rajgir Road, Nalanda, District-
Nalanda, through its Secretary Suman Kumar (M) aged about 42 years, S/o
Late Umesh Kumar, Vill and PO- Barara, PS- Noorsrai, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar, through The Principal Secretary, Health Department,
Patna, Bihar.
2. Principal Secretary, Department of Health, Govt. of Bihar, New Secretariat,
Patna.
3. Director-in-Chief, (Nursing), Health Services, Department of Health, Govt.
of Bihar, New Secretariat, Patna.
4. Additional Chief Secretary, (Health Department), Government of Bihar,
New Secretariat, Patna.
5. Under Secretary, Health Department, Government of Bihar, Patna.
6. Bihar Nurses Registration Council, Vikas Bhavan, Patna through its
Secretary-cum-Registrar.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16773 of 2025
======================================================
Sri Raj Nursing Training Institute New Bangali Tola, Bus Stand Road, Near
Jakkanpur Police Station, Patna through its Managing Director, Dr. Naresh
Prasad Priyadarshi, aged about 49 years, Son of Shri Prasad Chaurasiya,
Resident of Bus Stand Road, P.S. Jakkanpur, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Health, Govt. of Bihar, New Secretariat, Patna.
2. The Additional Chief 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.
... ... Respondent/s
======================================================
(In Civil Writ Jurisdiction Case No. 18568 of 2024)
For the Petitioner/s : Mr. P. N. Shahi, Sr. Advocate
Mr. Shiv Pratap, Advocate
For the Respondent/s : Mr. Standing Counsel 28
For the BNRC : Mr. Awadhesh Kumar Pandit, Advocate
(In Civil Writ Jurisdiction Case No. 16773 of 2025)
For the Petitioner/s : Mr. Arun Kumar, Advocate
Patna High Court CWJC No.18568 of 2024 dt.16-12-2025
2/9
For the Respondent/s : Mr. K. P. Gupta, G.P.- 10
Mr. Satya Vrat, AC to GP.-10
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 16-12-2025
Heard the learned Senior Advocate/Advocate
appearing on behalf of the respective parties.
2. Considering the identical issue involved in both
the writ petitions, they are being heard together with the consent
of the parties and disposed of by this common judgment.
3. For the convenience, the brief facts of the case
are being separately mentioned hereunder:
Reg. C.W.J.C. N. 18568 of 2024
4. The petitioner, a Nursing School, invoked the
jurisdiction of this Court through its Secretary, on being
aggrieved with the order passed by the respondent Additional
Chief Secretary, Health Department, Government of Bihar, as
contained in Memo No. 1390(6) dated 22.10.2024 whereby the
prayer of the petitioner to grant affiliation/recognition for
conducting General Nursing and Midwifery (GNM) course
came to be turned down on the ground that as per the State
Policy granting Affiliation/Recognition to the private Nursing
Schools has been withheld for the reason that previously
running private nursing schools are under inspection of their
Patna High Court CWJC No.18568 of 2024 dt.16-12-2025
3/9
imparting quality education. The petitioner further seeking a
direction upon the respondents to issue necessary order of
recognition to the petitioner's institution in the light of the
recommendation made by the respondent no.5 under letter dated
31.01.2018
for grant of recognition to the petitioner's institution
for conducting GNM course.
5. The Nursing School, in question, was established
for conducting General Nursing and Midwifery course, seeking
grant of permission and recognition to impart said course, the
Secretary of the School had filed an application. On being
satisfied the School was granted permission by respondent no.3
for starting GNM Course under Memo No. 410(6) dated
24.05.2018 in terms with the Nurses Training -Recognition,
Affiliation and Conduct of Examination of School of Nursing
Rules, 1997 (hereinafter referred to as 'the Rules, 1997'). The
school was inspected by a duly constituted inspection team and
after thorough verification of the record and the physical
inspection of the school, recommendation has been made for
conducting GNM courses for the Academic Session 2019-20.
However, the Under Secretary of the Health Department,
Government of Bihar sought an explanation with regard to
certain discrepancies/deficiencies, the same was immediately
Patna High Court CWJC No.18568 of 2024 dt.16-12-2025
removed and a report in this regard was also submitted, however,
the concerned respondents did not take any decision, which led
to filing of C.W.J.C. No. 19359 of 2019. The said writ petition
came to be disposed of with a liberty to petitioner to approach
before the authority concerned. The request of the petitioner was
refused, which led to another round of litigation in C.W.J.C. No.
571 of 2022. The order rejecting the claim of the petitioner for
grant of affiliation to the aforesaid Nursing School was set aside
vide order dated 12.09.2024 with a direction to respondent no. 4
to pass a reasoned and speaking order.
6. This time again the authorities concerned has
come out with the impugned order dated 22.10.2024 and refused
to grant affiliation to the petitioner's School on the ground that
the entire process of granting affiliation/recognition to the
Private Nursing Schools have been withheld for the reason that
the Survey/enquiry work of earlier running Nursing Institutions
are being carried out through the Quality Council of India. In
the aforesaid premise, the present writ petition came to be filed.
Reg. C.W.J.C. No. 16773 of 2024
7. The petitioner, Nursing Training Institute, has
approached this Court through its Managing Director, seeking a
direction upon the respondent State authorities to grant
Patna High Court CWJC No.18568 of 2024 dt.16-12-2025
permission/recognition extending the number of seats to an
intake of 100 students in GNM Course, since the institution has
fulfilled each and every criteria for the same in view of the
inspection report dated 28.06.2024 whereby recognition has
been made in favour of the petitioner's institution.
8. The petitioner's institution runs under a
registered Trust established for conducting different Nurses
course with all the necessary infrastructure. The institution has
been accorded recognition from the State Government for
conducting A.N.M., G.N.M., B.Sc. Nursing courses for an
intake of 60 students, after having obtained due affiliation from
the competent authority. In order to excel the institution, the
petitioner filed an application on 06.11.2023 before the
Department of Health, Government of Bihar, requesting therein
to grant extension of seats in GNM courses from 60 to 100. On
receipt of the application, an inspection team was constituted in
terms of letter no. 2034(6) dated 26.12.2023. After verification
of the records and physical inspection of the Institute, the
inspecting team has submitted a detailed inspection report and
recommended for extension of 40 more seats of admission in
G.N.M. course with a total intake of 100 seats. Notwithstanding
the inspection, having been made and a report has been
Patna High Court CWJC No.18568 of 2024 dt.16-12-2025
submitted with the recommendation for extension of the intake
of 100 seats, no final decision has been taken, hence the
petitioner has approached this Court.
9. Learned Senior Advocate, Mr. P. N. Shahi, along
with Mr. Arun Kumar, learned Advocate for the petitioners have
unanimously submitted that despite the institution/school having
been inspected by a duly constituted Inspecting
Committee/Team and made a favourable recommendation for
grant of affiliation/recognition and extension of 40 more seats
for admission respectively, till date no final decision has been
taken on the ground that a policy decision has been taken by the
Health Department, Government of Bihar and in the light of the
said decision the pending applications of Nursing Institutions
for granting permission/recognition in all other stages have been
kept on hold on the basis of "As is where as" till the completion
of survey/enquiry work of already running Nursing Institutions
by Quality Council of India. It has also been informed by the
Quality Council of India that after completion of the
survey/enquiry and review of the work, a report would be
submitted pertaining to all the stages with analysis to Bihar
Nursing Registration Council.
10. It is the specific contention of the learned
Patna High Court CWJC No.18568 of 2024 dt.16-12-2025
Senior Advocate/Advocate of the petitioners that there is a
specific provision under the Rules, 1997 that after receipt of the
inspection report of the Institution submitted by the Inspecting
Team, the State Government has to take a final decision within a
period of six months. Despite the lapse of more than a year
together, no final decision has been taken and the fate of the
institutions as well as students are hanging in uncertainty. It has
also been pointed out that some of the institutions, who have
approached before the concerned authorities during the
interregnum period, in their favour order of
affiliation/recognition have been granted, but certainly ignoring
the claim of the petitioners; hence they have taken the shelter of
this Court.
11. Before parting with the cases, it would be
relevant to note that in pursuant to the direction of this Court, a
third Supplementary Counter Affidavit has been filed on behalf
of respondent nos. 1 to 5 with regard to the current status of the
survey/enquiry and review work of of already running Nursing
Institutions. In pursuant thereof, it has been informed to this
Court that Quality Council of India has submitted its final rating
report on the basis of infrastructure, teaching learning process
and other criteria of already running Nursing Institutions to the
Patna High Court CWJC No.18568 of 2024 dt.16-12-2025
Registrar, Bihar Nurses Registration Council, Patna vide letter
dated 23.09.2025, which has also been communicated to the
Director-in-Chief (Nursing), Health Services, Bihar, Patna vide
letter dated 26.09.2025.
12. Learned Advocate for the State in response to
the submissions led by the learned Senior Advocate/Advocate
for the petitioners submitted that after receipt of the Quality
Council of India rating report, the same is being reviewed at the
department level and accordingly necessary departmental action
shall be taken, based upon the said report.
13. Having considered the submissions advanced
by the learned Advocate for the respective parties and taking
note of the specific averments made in the 3 rd Supplementary
Counter Affidavit filed on behalf of respondent nos. 1 to 5 that
the Quality Council of India has already submitted its final
report, the impediment as shown by the respondents and the
reason for rejection of the claim of the petitioner in C.W.J.C.
No. 18568 of 2024 is no more survived and accordingly, the
impugned order, as contained in Memo No. 1390(6) dated
22.10.2024 is hereby set aside.
14. Since this Court has been apprised that the
inspection of the School/Institute have already been done by a
Patna High Court CWJC No.18568 of 2024 dt.16-12-2025
duly constituted Inspection Team and inspection report(s)
has/have already been submitted, which are pending
consideration before the competent authority, thus it is
incumbent upon the concerned authority to take a final decision
in terms with the prescriptions of Rules, 1997 and The Bihar
and Orissa Nurses Registration Act, 1935, preferably within a
period of six weeks from the date of receipt/production of a
copy of this order in accordance with law.
15. Both the writ petitions stand disposed off to the
extent mentioned hereinabove.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.12.2025
Transmission Date NA
