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Shyam Bihari Singh Paramedical And ... vs The State Of Bihar
2025 Latest Caselaw 4312 Patna

Citation : 2025 Latest Caselaw 4312 Patna
Judgement Date : 4 November, 2025

Patna High Court

Shyam Bihari Singh Paramedical And ... vs The State Of Bihar on 4 November, 2025

Author: Harish Kumar
Bench: Harish Kumar
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7118 of 2025
     ======================================================
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
     ======================================================
     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
       ======================================================
  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
                                           4/5




         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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