Patna High Court
The Aditya Integrated Education And ... vs The State Of Bihar on 14 October, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11464 of 2024
The Aditya Integrated Education and Social Development Trust through the
Secretary, Manoranjan Kumar, Opposite State Bus Stand, Kashi Takiya,
Ranchi Road, P.S.-Biharsharif, District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Vice-Chancellor, Bihar University of Health Sciences, Mithapur, Bihar,
Patna.
3. The Registrar, Bihar University of Health Sciences, Mithapur, Bihar, Patna.
4. The Bihar Nurses Registration Council through its Registrar.
... ... Respondent/s
with
Civil Writ Jurisdiction Case No. 4610 of 2025
======================================================
1. Mahadeva Lal Schroff College of Pharmacy, NS-22, 23 Growth Centre,
BIADA, Near Bihar Cement Plant, Aurangabad-824101 (Bihar) through its
Executive Director namely Vikas Kumar Singh, (Male), aged about-38
years, S/o Upendra Pratap Singh, Resident of Village-Kadain (Kadai)
(Shahpur), P.S.-Kudra, District-Kaimur at Bhabhua.
2. Vikas Kumar Singh, (Male), aged about-38 years, S/o Upendra Pratap Singh,
Resident of Village-Kadain (Kadai) (Shahpur), P.S.-Kudra, District-Kaimur
at Bhabhua presently working as Executive Director, Mahadeva Lal Schroff
College of Pharmacy, NS-22, 23 Growth Centre, BIADA, Near Bihar
Cement Plant, Aurangabad-824101 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Health and Family Welfare, Government of Bihar, New Secretariat, Patna.
2. The Additional Chief Secretary, Department of Health and Family Welfare,
Government of Bihar, New Secretariat, Patna.
3. The Additional Secretary, Department of Health and Family Welfare,
Government of Bihar, New Secretariat, Patna.
4. The Controller of Examination, D. Pharm Examination Committee, Health
Department (Health & Education), Government of Bihar, NMCH Campus,
Patna.
5. The Bihar University of Health Sciences, Mithapur, Patna through its
Registrar.
6. The Registrar, Bihar University of Health Sciences, Mithapur, Bihar, Patna.
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
2/24
7. The Pharmacy Council of India, New Delhi through its Registrar.
8. The Registrar, the Pharmacy Council of India, New Delhi.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11464 of 2024)
For the Petitioner/s : Mr. Binit Kumar, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
For the Health Sciences : Mr. Ajay, Sr. Advocate
Mr. Sudhir Kumar, Advocate
For the PCI : Mr. Parul Prasad, Advocate
Mr. Aditya Anand, Advocate
For the BNRC : Mr. Awadhesh Kumar Pandit, Advocate
(In Civil Writ Jurisdiction Case No. 4610 of 2025)
For the Petitioner/s : Mr. Amit Shrivastava, Sr. Advocate
Mr. Ritesh Kumar, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
Mr. Standing Counsel (24)
Mr. Sudhanshu Shekhar, AC to SC- 24
For the Health Sciences : Mr. Ajay, Sr. Advocate
Mr. Sudhir Kumar, Advocate
For the PCI : Mr. Parul Prasad, Advocate
Mr. Aditya Anand, Advocate
For the BNRC : Mr. Awadhesh Kumar Pandit, Advocate
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
CAV JUDGMENT
Date : 14-10-2025
Heard the parties.
2. For clarity, facts of both the cases are noted
separately, hereunder.
C.W.J.C. No.11464 of 2024
3. The petitioner is a trust represented through its
Secretary has approached this Court seeking quashing of the
General Notice vide P.R. No.001398 (BQC) 2024-25 issued by
the respondent-Bihar University of Health Sciences, Patna (for
short 'the University') under the signature of its Registrar
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
3/24
informing that the institution imparting nursing courses of
undergraduate degree as of Auxilliary Nurse and Midwife
Course (A.N.M.) and Diploma courses in Pharmacy have to
obtain recognition from the University concerned. The
petitioner also sought a direction upon the concerned respondent
to refund the affiliation fee deposited/paid by the institute to the
respondent-University.
4. The institution duly established through a trust,
actively involved in imparting training to nursing students
through its private nursing and pharmacy schools got its
affiliation from Indian Nursing Council, New Delhi and
Pharmacy Council of India, New Delhi. The school of Nursing
is named as the Mother Terasa School of Nursing, Biharsharif,
Nalanda. The school of Pharmacy is named as Aditya Talhagat
Institute of Pharmacy, Biharsharif, Nalanda. Both the schools
are conducting diploma courses in the respective discipline.
5. After coming into force of University Act, 2021 (for
short 'the Act, 2021') under Notification dated 9th of August,
2021 and Act No.19/2021, a general notice was published in the
daily newspaper(s) that a private institution/college/school
conducting nursing and pharmacy courses have to take
recognition/no objection certificate for continuing its courses in
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
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coming academic session.
6. In pursuant thereto, the petitioner deposited the
prescribed affiliation fee of both the institutes along with all the
relevant documents. In the list of institutions/schools to which
the provisional affiliation has been granted, the name of the
petitioner-institution/school did not find place. The petitioner
having been realized upon the scrutiny of the law enumerated in
the Act, 2021, the University is only authorized to grant
affiliation to the institute which is conducting courses of
Bachelor and Higher Degrees, not to the institute conducting
course of Diploma and other certificate courses, have preferred
the present writ petition by putting under challenge the general
notice bearing no. PR001398 (BQC) 2024-2 (Annexure-9),
whereby the institutes/schools were directed to get its affiliation
from the respondent-University.
C.W.J.C. No.4610 of 2025
7. The petitioners-institutes, represented through their
Executive Secretary have sought a direction by invoking the
jurisdiction of this Court commanding upon the respondents,
especially the Controller of Examination, D. Pharm
Examination Committee to take steps towards registration and
examination of the students of the petitioners-institution for
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
5/24
D. Pharm Courses for the Academic Session 2023-2024 in view
of the approval granted by the Pharmacy Council of India, since
the said course has been continuously running from the Session
2018 after getting approval of affiliation by the Controller of
Examination, Diploma in Pharmacy and No Objection was also
given by the Department of Health and Family Welfare,
Government of Bihar.
8. The petitioners-institutions have been imparting D.
Pharm Course since 2018 and the examinations were duly
conducted till Session 2022-2023 without there being any
hindrances. Further vide decision letter dated 31.05.2023 issued
under the signature of the In-charge Registrar-cum-Secretary,
the Pharmacy Council of India, approval was also accorded to
the petitioners-institutions for running D.Pharm course for
Academic Session 2023-2024 for an intake of 60 students. The
name of the Examining Body has been mentioned as the
Controller of Examination, Diploma in Pharmacy. Similar
approval is accorded for the Academic Session 2024-2025 by
the Pharmacy Council of India to the petitioners-institution.
However, noticing the fact that D.Pharm course of Sessions
2023-2024 is running late and the registration and examination
form filling dates has not been published, the petitioners
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
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approached before the concerned authorities to do the needful. It
has been informed through letter no.15/25 dated 07.01.2025
issued under the signature of Controller of Examination,
Diploma in Pharmacy that in view of letter dated 28.03.2024 of
the State Government, the consent of affiliation is not possible
to be given for subsequent academic session. Besides, it has
been informed that after coming into force of the Act, 2021, the
Bihar University of Health Sciences, Mithapur has been duly
established and all the self financed professional institution
engaged/established for medical education in different sectors of
Health Sciences within the State of Bihar will be deemed to be
affiliated with the Bihar University of Health Sciences. In the
aforesaid premise, this writ petition has been filed.
9. The seminal issues raised in both the writ petitions
are one and identical; hence, the same are being considered and
disposed off by a common order.
10. Mr. Binit Kumar, learned Advocate for the
petitioner in C.W.J.C. No.11464 of 2024 has submitted that the
University under the Act, 2021 has been only authorized to
grant affiliation to the institutes, which are conducting course of
Bachelor and Higher Degrees and not to the institute conducting
course of Diploma and other smaller degrees. Taking this Court
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
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through the Act, 2021, especially definitions clauses, it is
submitted that there is no iota of confusion that the Act, 2021
clarifies that 'College' means a college teaching courses leading
to a Bachelor or Higher degree in Modern System of Medicine,
AYUSH systems of Education, Education on Laboratory
Technology, Physiotherapy & Occupational Therapy, Speech
Therapy and Education on the other Paramedical Courses and
inter disciplinary areas such as Health Economics, health
administration etc. Simultaneously, Section 2(xi) says that
'Courses' means courses leading to a Bachelor or Higher degree
in relevant streams of Health Sciences and such other courses as
notified by the Government in future. The Act, 2021 does not
talk about diploma and other certificate courses. Moreover, the
institute in question is already recognized by the Nursing
Council of India and the Pharmacy Council of India for running
the nursing courses and D.Pharm. The respondent-University
cannot direct the institute(s) to get it affiliated with the Bihar
University of Health Sciences, Mithapur after depositing
prescribed fees.
11. Referring to Section 4(3), it is further submitted
that the afore-noted prescription starts from non obstante clause
having overriding effect to certain provisions over some
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
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contrary provisions that may be found either in the same
enactment or other enactment. The Act, 2021 clearly excludes
diploma and certificate course, as it has not been included in the
definition of "Course". Reliance has also been placed on a
decision rendered in Union of India v. G.M. Kokil & Others,
1984 (Supp) SCC 196.
12. Mr. Amit Shrivastava, learned Senior Advocate
duly assisted by Mr. Ritesh Kumar, learned Advocate for the
petitioners in C.W.J.C. No.4610 of 2025 have submitted that
bare perusal of Section 2(viii) and (xi) of the Act, 2021, it is
evident that the University does not have jurisdiction to take
examination or grant certificate for Diploma courses. The
University has got jurisdiction over the colleges imparting
higher degrees in different streams of Modern System of
Medicine. Similarly the University can take examination and
award degrees/certificates to the institutions imparting Modern
System of Medicine from Bachelor of Higher Degrees.
13. Presently, the petitioners-institutions have filed the
writ petition to conduct examination of the students of D. Pharm
courses, which is lower than the Bachelor Degree and only
certificate is awarded. It is further contended that as per the
guidelines issued by the Pharmacy Council of India, for change
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
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of Examining Authority, the letter of disaffiliation and no
objection certificate from previous Examining Authority and
affiliation/consent letter of the new Examining Authority are
required. In the present case, the petitioners will have to get
disaffiliation letter from the department of health and family
welfare and will then have to apply before the Bihar University
of Health Sciences, Patna for grant of affiliation/consent of
affiliation and No Objection for the Academic Session 2023-
2024 and 2024-2025. Since there is no provision for grant of
retrospective affiliation to any institution, the contention of the
respondents to the effect that the petitioners will have to
approach before the Bihar University of Health Sciences, Patna
for grant of affiliation for taking examination is wholly without
jurisdiction. The action of the respondents will ruin the careers
of the students, who have already taken admission in the
petitioners-institutions for the Academic Session 2023-2024 and
2024-2025 based on the approval granted by the Pharmacy
Council of India for running D. Pharm courses.
14. Mr. Amit Shrivastava, learned Senior Advocate for
the petitioners further contended that the petitioners-institutions
have already made an application for grant of affiliation from
the University for the Academic Session 2025-2026 but with
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
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respect to the Academic Session 2023-2024 and 2024-2025,
since the institutions have already got its approval from the
Pharmacy Council of India for running D. Pharm course and the
no objection and affiliation had already been granted by the
State, the institutes in question cannot be subjected to affiliation
again from the University for the previous Academic Sessions.
It is further submitted that the letters issued by the State
Government and the University directing the institutions and
clarifying the position that the affiliation and examination
related work for Para Medical/Para Dental/Pharmacy Diploma
and Certificate Course and GNM/ANM will be done by the
University is wholly illegal and, in fact, in conflict with the
statute. No notification, much less letter dated 17.02.2023
whereby such clarification is made will prevail over the statute.
In the Act and the Statute, it has been provided that the
college/institution imparting self finance courses will have to
apply in the prescribed proforma before the University and then
only their application will be considered, subject to the
institute/college fulfilling the requisite criteria for being
affiliated. There is no provision in the Act or the Statute with
regard to deemed affiliation with the University w.e.f.
01.04.2023
. Reliance has also been placed on a decision
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
rendered by the Division Bench of this Court in the case of Sri
Ganesh Dutt Memorial College v. The State of Bihar & Ors.
[L.P.A. No.1404 of 2018 & another analogous case] that there
cannot be retrospective affiliation. A decision of the co-ordinate
Bench has also been placed to buttress the aforesaid submission
rendered in the case of Vijay Shankar Rai v. The State of
Bihar & Ors. [C.W.J.C. No.9940 of 2019].
15. Mr. P.K. Shahi, learned Advocate General along
with Mr. Ajay, Senior Advocate for the University submitted
that the Act, 2021 has been duly enacted by the State Legislature
of Bihar and published in the Extraordinary Gazette vide
Notification dated 09.08.2021. In pursuant to the Act, 2021
afore-noted, the University has been duly established in
consequent to the notification issued by the Health Department,
Government of Bihar vide Memo No.562(1) dated 28.07.2022.
Subsequent thereto, the Health Department, Government of
Bihar has issued a Notification vide Memo No.107(1) dated
17.02.2023, whereby it has been decided that all colleges and
institutions established and operated by the State Government
imparting professional education in different sectors of Health
Sciences shall be deemed to be affiliated with effect from the
date of enforcement of the Notification i.e. 01.04.2023 under the
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
provisions of Section 4 of the Act, 2021. A list of such
institutions has also been issued accordingly; however, the
petitioner in C.W.J.C. No.11464 of 2024 have failed to submit
NOC/recognition letter and the deficient document(s) despite
intimation, the affiliation has not been granted to the said
petitioner-institution. The institutions have also been informed
through letter no.196(1) dated 28.03.2024 issued with the
consent of the Law Department, Bihar, that affiliation and
examination related work of Paramedical/Para Dental/Pharmacy
Diploma and Certificate Course and ANM/GNM Course would
be done by the University.
16. Mr. Shahi, learned Advocate General taking this
Court through the relevant provisions of the Act, 2021 has
submitted that Section 4 of the Act, 2021 talks about the
jurisdiction of the University and all the colleges and institutions
established by the Government and affiliated to the existing
Universities of the State or to be established in future for
imparting Professional Education in different streams of Health
Sciences shall be eligible for affiliation with the University from
such date as the Government may, by notification in the official
Gazette appoint, in the manner prescribed by the Statutes or
Ordinances or Regulations made in this regard.
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
17. Referring to Section 4(3) of the Act, 2021, it is
further submitted that after coming into force of the Act and the
notification published in the official Gazette, the colleges or the
institutions affiliated by any other University shall cease to be
affiliated from the University to which such Colleges or
Institutions have been affiliated and such Colleges or
Institutions shall be deemed to be affiliated to the University
from such date as specified in the said notification. However,
this provision shall not be applicable to deemed University. It is
further contended that the powers and functions of the
University has been duly stipulated in Section 6 of the Act,
2021. Section 6(3) clearly says that it is the University which
shall hold examinations and grant, subject to such conditions as
the University may determine, diplomas or certificates and
confer degrees or other academic distinctions on the basis of
examinations, evaluations or any other method of testing. In the
light of the afore-noted prescriptions, vide Health Department
Notification No.107(1) dated 17.02.2023, it has been decided
that all the self financed professional institutions
engaged/established for medical education in different sectors of
health science within the State of Bihar will be deemed to be
affiliated with the University w.e.f. 01.04.2023.
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
18. Mr. Shahi, learned Advocate General further
clarified that in the light of the Pharmacy Regulation, 2020, the
Bihar University of Health Sciences, Patna constituted a
Pharmacy Examination Committee vide Notification No.1358
dated 14.10.2024 and has been declared empowered for
conducting examination of pharmacy courses in view of
resolution taken by the Pharmacy Council of India in the
meeting of the Executive Committee held on 07.11.2024, the
copy of which is placed on record as Annexure-R/I to the
counter affidavit filed on behalf of respondents no.5 and 6 in
C.W.J.C. No.4610 of 2025. In the said meeting, it was decided
to approve the Bihar University of Health Sciences Patna Bihar
as Examining Authority in respect of affiliating institutions
applied to Pharmacy Council of India.
19. Having heard the learned Advocate for the
respective parties and considering the materials available on
record, the question for consideration as culled out is only to the
extent as to whether the University has the jurisdiction and
empowered to grant affiliation to the institutes/colleges
imparting D. Pharm courses and further to conduct examination
of Diploma courses and certificate.
20. A statute is an edict of the legislature and the
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
conventional way of interpreting or construing a statute is to
seek the "intention" of its maker. A statute is to be construed
according "to the intent of those that make it" and "the duty of
judicature is to act upon the true intention of the Legislature--
the mens or sententia legis [vide The Vishnu Pratap Sugar
Works (P) Limited v. Chief Inspector of Stamps, U.P., AIR,
1968 SC 102, R.M.D. Chamarbaugwalla v. Union of India,
AIR 1957 SC 628, Salmond Jurisprudence 11th Edition].
21. The correct interpretation is one that based
harmonize the words with the object of the statute. It is a rule
now firmly established by the Apex Court since long that
intention of the legislature must be found by reading the statute
as a whole. The Courts strongly lean against a construction
which reduces the statute to a futility.
22. Time without number, it has been ruled that statute
or any enacting provision therein must be so construed as to
make effective or operative on the principle expressed in the
maxim 'uterus images verdict quam pereat'.
23. In the case of Union of India v. B.S. Aggrawal,
[AIR 1998 SC 1537], the Apex Court observed that the Court
leans in favor of an interpretation which conforms to justice and
fair play and prevent potentiality to injustice. When there is a
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
choice of meanings there is a presumption that one which
produces an unjust or inconvenient result was not intended [vide
Paradise Printers and Others v. The Union Territory
Chandigah and Others, AIR 1988 SC 352/(1988) 1 SCC 440].
24. A statute must be read as a whole and one
provision of the Act should be construed with reference to other
provisions in the same Act so as to make a consistent enactment
of the whole statute. Such a construction has the merit of
avoiding any inconsistency or repugnancy either within a
section or between a section and other parts of the statute. It is
the duty of the Courts to avoid a head on clash between two
sections of the same Act and, whenever it is possible to do so, to
construe provisions which appear to conflict so that they
harmonise. It should not be lightly assumed that parliament had
given with one hand what it took away with the other. The
provisions of one section of a statute cannot be used to defeat
those of another unless it is impossible to effect reconciliation
between them (sic) [vide University of Allahabad & Ors. v.
Amrit Chand Tripathi & Ors. [AIR 1987 SC 57]; Tahsildar
Singh v. State of U.P. [AIR 1959 SC 1012]; Mohammad Sher
Khan v. Raja Seth Swami Dayal [AIR 1922 PC 17].
25. The Pharmacy Council of India established under
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
the Pharmacy Act, 1948 is a statutory body responsible for
setting standards of pharmacy, education, registering
pharmacist, prompting professional standards and advising the
Government on matters related to pharmacy profession. The
primary purpose of the Act is to make better provision for
regulating the profession and practice pharmacy in India. Thus,
it is not in dispute that to run an institution conducting course of
B. Pharm/D. Pharm or any other Higher Degrees, the approval
of the Pharmacy Council of India is necessary along with the
consent of affiliation of Examining Authority and the NOC by
the State Government.
26. Now coming to the Act, 2021, the very
establishment of the University is to conduct and facilitate
affiliation of institutions set up by the Government and/or trust
or the society in the conventional as well as new frontiers of
professional education in Health Sciences for the purposes of
affiliating, teaching and ensuring proper and systematic
instruction, training and research in Modern System of
Medicine, AYUSH systems of Medicine, Nursing Education,
Pharmacy Education, Dental Education, Education on
Laboratory Technology, Physiotherapy & Occupational Therapy,
Speech Therapy and Education on other Paramedical Courses
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
and inter disciplinary areas such as Health Economics, Health
administration etc. The object of the Act, 2021 is to promote
academic freedom and scholarship for the teachers as well as for
the students and to foster and develop an intellectual climate
conducive to the pursuit of scholarship and excellence, either
independently or jointly with other centers of higher learning.
27. The 'College' as defined under Section 2(x) of the
Act, 2021 says that it means an institution maintained or
controlled by the University or maintained by the State
Government; and 2(xi) of the said Section says that 'Courses'
means courses leading to a Bachelor or Higher degree in
relevant streams of Health Sciences and such other courses as
notified by the Government in future. Further, the 'Institutions'
is defined under Section 2(xix), which means an academic
institution or college admitted to the privileges of the
University. Section 4 of the Act deals with the 'Jurisdiction',
leaves no confusion that University shall have the jurisdiction
over all the colleges and institutions established by the
Government and affiliated to the existing Universities of the
State or to be established in future imparting Professional
Education in different streams of Health Sciences. This Section
further made it clear that after coming into force of the Act,
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
2021, any other University established by law of the State
Legislature shall cease to be affiliated from the University to
which such Colleges or Institutions have been affiliated and
such Colleges or Institutions shall be deemed to be affiliated to
the University from such date as specified in the said
notification.
28. Section 4(4) of the Act, 2021 further clarifies that
the University may impose such terms and conditions upon the
colleges or institutions as it may consider necessary, conducive
or incidental to the attainment of all or any of the objects of the
University and then grant affiliation. Similarly, the existing
college or institution set up by a Trust or a Society as a self-
financing institution imparting Professional Education in
different streams of Health Sciences may get affiliated with the
University subject to fulfillment of conditions laid down under
Statutes and Regulations made in this regard.
29. Bare perusal of Section 4 of the Act, 2021, it is
evident that the Act shall have the control over all the
Colleges/Institutions which are involved in imparting
professional education in the different streams of health
sciences.
30. In absence of any affiliation from the University,
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
any privilege, enjoyed from any other University before the
appointed day by any Medical College or institution of Health
Sciences situated in this State, shall be deemed to be withdrawn
with effect from such date as may be notified by the
Government.
31. The prime objective of the University, inter alia,
to create centers and institutes of excellence in different streams
of Health Sciences. The powers and functions of the University
has stipulated under Section 6 of the Act, 2021, inter alia,
empowered to hold examinations and grant, subject to such
conditions as the University may determine, diplomas or
certificates and confer degrees or other academic distinctions on
the basis of examinations, evaluations or any other method of
testing and to withdraw any such diplomas, certificates, degrees
or other academic distinctions for good and sufficient cause.
32. Bare reading of the notable prescriptions of the
Act, 2021, so far the contention of the learned Advocate for the
petitioners that the definition clauses, especially the term
'Colleges' and the 'Courses' exclude the Diploma courses do
not find merit consideration in view of the fact that Colleges and
the Institutions have been defined separately. Section 2(xix)
defines 'Institution' which means an academic institution or a
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
college admitted to the privileges of the University. Thus the
"Institution" embraces within its fold the institution or a college
which may impart teaching courses leading to a Bachelor or
Higher Degrees in Modern System of Medicine in different
disciplinary but in no circumstances it ousts the courses of
Diploma once Section 2(xi) which defines 'Courses', inter alia,
says that not only courses leading to a Bachelor or High Degree
in relevant stream of Health Sciences but all such other courses
as notified by the Government in future. If the provision of
Sections 4 and 6 of the Act, 2021 be read together, there is no
impediment to come to the conclusion that the University shall
have the jurisdiction over all the institutions or colleges
imparting professional education in different streams of Health
Sciences and powers to hold and facilitate examination and
grant, subject to such conditions as the University may
determine, diplomas or certificates and confer degrees or other
academic distinctions on the basis of examinations, evaluations.
33. It is also notable that the Health Department,
Government of Bihar, in the light of the decision rendered by
the Apex Court in the case of The Karnataka State
Association of the Management of Nursing and Allied
Health Science Institutions and Ors. v. Indian Nursing
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
Council and Ors. [Civil Appeal Nos.12759-12671 of 2017] has
affirmed the observation made by the learned Single Judge and
held that Indian Nursing Council has no authority to grant
recognition to the institutions imparting nursing courses. The
Government of Bihar has come out with a letter bearing
no.196(1) dated 28.03.2024 with the consent of the Law
Department, Bihar, extending intimation to all the concerned
that affiliation and examination related work of
Paramedical/Para Dental/Pharmacy Diploma and Certificate
Course and ANM/GNM Course would be done by the
University.
34. It is also to be noted that the Hon'ble Supreme
Court in the case of Nutan Kumari and Another v. State of
Bihar and Others [SLP (C) No. 9 of 2014], has observed that it
is the accepted position that it is the State Government that has
power to grant recognition and that Indian Nursing Council has
no authority to grant such recognition in so far as Auxiliary
Nurses-Mid-wife course (ANM) concerned. The Apex Court has
noticed the established position by referring to the judgment of
this Court in Raj A.N.M. School, Muzaffarpur v. The State of
Bihar and Others [1993 (2) PLJR 479].
35. The Pharmacy Council of India also in its meeting
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
dated 07.11.2024 accepted the position that the University after
coming into its force through the Act, 2021 is empowered to award
degrees as recognized by UGC Notification on specification of
degree 2014 and its amendment issued from time to time and Section
22 of the UGC Act, 1956 by conducting courses through its own
department, its constituent concerned, statutory bodies/councils
wherever required. Letter dated 15.10.2024 also acknowledges that
examination of following pharmacy course will be held on statutory
provisions of Pharmacy Act, 1948 and Regulations framed
thereunder, which includes D. Pharm, B. Pharm and M. Pharm and
others. The Pharmacy Council of India also acknowledged and
decided to approve the Bihar University of Health Sciences Patna,
Bihar as Examining Authority in respect of affiliating institution
applied to Pharmacy Council of India.
36. In view of the afore-noted discussions and the specific
prescriptions under the Act, 2021 and the statute as also the letters
issued by the State and the University, this Court has no hesitation to
hold that Bihar University of Health Sciences, established under the
University Act, 2021 is declared to be an authority to conduct the
examination from Session 2023-2024 onward, of all the colleges and
institutions imparting professional education, duly affiliated
with the University, including D. Pharm.
Patna High Court CWJC No.11464 of 2024 dt.14-10-2025
37. Before parting with this case, it must be clarified
that on account of pendency of the writ petition, in no
circumstances, any students of the institution shall be subjected
to disqualification for appearing in due course and/or
examination, after proper affiliation of their institution with the
University. The authorities are also directed to adhere and
maintain the time schedule of the examination of the courses
and its result in terms with the Act and Statute.
38. Accordingly, both the writ petitions having no
merit stand dismissed with the afore-noted observation.
(Harish Kumar, J)
rohit/-
AFR/NAFR
CAV DATE 21-08-2025
Uploading Date 17-10-2025
Transmission Date
