Citation : 2025 Latest Caselaw 4312 Patna
Judgement Date : 4 November, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7118 of 2025
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1. Shyam Bihari Singh Paramedical and Nursing Institute, Masaurhi, through
its Administrative Director, namely Mr. Murari Kumar Singh, (an Institute
run under the Management of Shyam Bihari Singh Educational and Welfare
Trust having registered office at Saristabad Sri Rampath No. B/3, Police
Station- Gardanibagh, Post Office- Anishabad, District- Patna- 02.
2. Shri Murari Kumar Singh, Son of Ram Bachan Singh, Resident of
Alawalpur, District- Patna- 803203. Presently Administrative Director,
Shyam Bihari Singh Paramedical and Nursing Institute, Masaurhi.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Health
Department, Government of Bihar, Patna.
2. The Secretary, Health Department, Government of Bihar, Patna.
3. The Joint Secretary, Department of Health, Government of Bihar, Patna.
4. The Bihar University of Health Sciences, through its Registrar, Gyan Parisar,
Mithapur, Patna, Bihar- 800001.
5. The Chancellor, Bihar University of Health Sciences, Gyan Parisar,
Mithapur, Patna, Bihar- 800001.
6. The Vice-Chancellor, Bihar University of Health Sciences, Gyan Parisar,
Mithapur, Patna, Bihar- 800001.
7. The Registrar, Bihar University of Health Sciences, Gyan Parishar,
Mithapur, Patna, Bihar- 800001.
8. The Ad-hoc Affiliation Committee, through Registrar, Bihar University of
Health Sciences, Gyan Parisar, Mithapur, Patna, Bihar- 800001.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7222 of 2025
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Satyam Para medical College and research at Maripur, Over brifge Road, P.S.-
Kazi Mahammadpur, District- Muzaffarpur, Pin code- 842001, through its
Director, Usha Kiran Roy, female, aged about- 67 years, wife of Kumod
Kumar Roy, resident of- Roy Nurshing home, Maripur, P.S. - Kazi
Mahammadpur, District - Muzaffarpur, Pin code- 842001
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Government of Bihar, Patna.
2. The Director-in-chief, Health services, Government of Bihar, Patna
3. Indian Nurshing Council, 8th Floor, NBCC Center, Plot no.-2, Community
center, Okhla, phase- I, New Delhi, Delhi- 110020, through its secretary
Patna High Court CWJC No.7118 of 2025 dt.04-11-2025
2/5
4. Bihar Nurses Registration Council, Patna through its Registrar.
5. The Director-in-chief, Health services, Government of Bihar, Patna-cum-
Chairman, Bihar Nurses Registration Council, Patna
6. Bihar University of Health Sciences Patna through its Registrar.
7. Vice Chancellor Bihar University of Health Sciences, Patna
8. The Registrar, Bihar University of Health Sciences, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9162 of 2025
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1. Shri Arvind Foundation through its Secretary, namely Mr. Alok Kumar,
having its registered office at 5th Floor, Red Cross Bhavan, North Gandhi
Maidan, Police Station-Gandhi Maidan, District-Patna-800001.
2. Shri Alok Kumar, son of Arvind Prasad, Resident of G-62, 6th Floor, DGS
Society, Dwarka, Sector-22, Post-Raj Nagar-II, District-South West Delhi-
110077, presently Secretary, Shri Arvind Foundation.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Health
Department, Government of Bihar, Patna.
2. The Secretary, Health Department, Government of Bihar, Patna.
3. The Joint Secretary, Department of Health, Government of Bihar, Patna.
4. The Bihar University of Health Sciences, through its Registrar, Gyan Parisar,
Mitahpur, Patna, Bihar-800001.
5. The Chancellor, Bihar University of Health Sciences, Gyan Parisar,
Mitahpur, Patna, Bihar-800001.
6. The Vice-Chancellor, Bihar University of Health Sciences, Gyan Parisar,
Mitahpur, Patna, Bihar-800001.
7. The Registrar cum Examination Controller, Bihar University of Health
Sciences, Gyan Parisar, Mitahpur, Patna, Bihar-800001.
8. The Ad-hoc Affiliation Committee, through Registrar, Bihar University of
Health Sciences, Gyan Parisar, Mitahpur, Patna, Bihar-800001.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 7118 of 2025)
For the Petitioner/s : Mr. Sumit Kumar, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
Mr. Rajeshwar Singh, GA- 10
Mr. Pramendra Kumar Singh, AC to GA- 10
For the Health Sciences : Mr. Ajay, Sr. Advocate
Mr. Sudhir Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 7222 of 2025)
Patna High Court CWJC No.7118 of 2025 dt.04-11-2025
3/5
For the Petitioner/s : Mr. Yugal Kishore, Advocate
Ms. Rupa Kumari, Advocate
For the Respondent/s : Mrs. Binita Singh, SC- 28
For the INC : Mr. Ansul, Sr. Advocate
Ms. Sakshi Bhatnagar, Advocate
For the Health Sciences : Mr. Ajay, Sr. Advocate
Mr. Sudhir Kumar, Advocate
For the PCI : Mr. Parul Prasad, Advocate
For the BNRC : Mr. Awadhesh Kumar Pandit, Advocate
(In Civil Writ Jurisdiction Case No. 9162 of 2025)
For the Petitioner/s : Mr. Sumit Kumar, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
Mr. Prashant Pratap, GP- 2
For the Health Sciences : Mr. Ajay, Sr. Advocate
Mr. Sudhir Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
CAV JUDGMENT
Date : 04-11-2025
Heard learned Advocate for the respective parties.
2. These batch of writ petitions are preferred by the
different Institutions through their respective office bearers, who
have been imparting certificate(s) and diploma in the field of
Para Medical and Nursing.
3. The petitioners-institutions are aggrieved with letter
no.196(1) dated 28.03.2024 issued by the respondent-
Department of Health, by which it has been communicated that
in respect of different courses, inter alia, Para Medical/Para
Dental/Pharmacy/Auxiliary Nursing Midwife/General Nursing
Midwife courses affiliation and examination related work would
be carried out by the Bihar Health Sciences University, Patna
(for short 'the University'). The petitioners also sought quashing
of letter no.191 dated 06.02.2025 issued by the Registrar,
Patna High Court CWJC No.7118 of 2025 dt.04-11-2025
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University, by which the petitioners-institutions have been
directed to get affiliation from respondent-University, failing
which necessary action shall be initiated. The petitioners also
seek a direction upon the respondent authorities to refrain from
carrying out instruction(s) contained in important notice dated
28.10.2024
bearing Memo No.1404, in so far as same related to
the Nursing Schools offering Auxilliary Nursing
Midwifery/General Nursing Midwifery Courses that have
already been granted affiliation by the Bihar Nurses Registration
Council, Patna for different Academic Sessions beyond 2023-
2024. The petitioners also sought a direction to the respondent-
Ad-hoc Affiliation Committee of the University to
admit/affiliate only those colleges/institutions for only those
subjects/courses, which are within their jurisdiction as provided
under the University Act, 2021 and its first statute dated
13.10.2023.
4. The State and the University representing through
Mr. P.K. Shahi, learned Advocate General and Mr. Ajay, learned
Senior Advocate along with other Advocates representing the
different respondents have adopted the submissions set forth in
the case of Balaji Nursing School & Ors. v. The State of
Bihar & Ors. [C.W.J.C. No.19010 of 2024] and submitted the Patna High Court CWJC No.7118 of 2025 dt.04-11-2025
issue(s) as raised in the present writ petitions are identical to
those raised in the afore-noted writ petition.
5. Considering the aforesaid submissions and taking
note of the fact that the challenge to the impugned orders and
the issues raised before this Court were the subject matter of
C.W.J.C. No.19010 of 2024, which came to be dismissed; the
present writ petitions are also disposed off in similar terms of
Balaji Nursing School (supra).
6. Accordingly, all these writ petitions stand dismissed
in similar terms.
(Harish Kumar, J) rohit/-
AFR/NAFR NAFR CAV DATE 21-08-2025 Uploading Date 10-11-2025 Transmission Date
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