Letters Patent Appeal No. 202 of 2013 · Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.202 of 2013 In Civil Writ Jurisdiction Case No. 13556 of 2012 ====================================================== 1. The State Of Bihar Through The Principal Secretary, Department Of Health, Govt. Of Bihar, New Secretariat, Patna. 2. The Principal Secretary, Department Of Health, Govt. Of Bihar, New Secretariat, Patna. 3. The Director In Chief, Health Services, Department Of Health Government Of Bihar, New Secretariat, Patna. 4. The Director, Department Of Health Government Of Bihar, New Secretariat, Patna. 5. The Deputy Director, Health Services, Government Of Bihar, New Secretariat, Patna. Department Of Health .... .... Appellant/s Versus 1. Patel School Of Nursing, Patel Nagar, Raja Bazar, Jahanabad, Bihar Through Its Secretary, Vijay Prakash S/O Shri Anil Kumar Singh Resident Of Bal Vidya Niketan, Patel Nagar, Raja Bazar, P.O And P.S And District- Jehanabad. 2. Daksh School Of Nursing, Maharajganj, Siwan Through Its Secretary Namely Jites Kumar S/O Kapildeo Singh Resident Of East Gandhi Maidan, P.S- Siwan Town, District- Siwan, I.A. No. 6996/2012 3. Maa Kanti School Of Nursing, Gurhatta, Patna City Through Its Secretary, Pankaj Kumar S/O Shri Ram Sewak Prasad Resident Of Rai Jay Krishna Road, P.S- Khajekalan, District- Patna I.A. No. 6995/2012 4. Chanaka Nursing School, Nauanga, Shivpuri Colony, Gaya, P.O- Buniyadganj, P.S- Mufassil, District- Gaya Throgh Its Settlor Cum Director Of Nursing School, Shailendra Kumar Ambastha, S/O Late Radhey Shiv Prasad E-2/9a, Sadnapuri, Gardanibah, P.O- Anisabad, P.S- Gardanibah, District- Patna I.A No. 8285/2012 5. Ambedkar Anm School, Dehri, Rohtas Through Its Trustee Cum Director Namely Mamta Goswami D/O Shri Vikramaditya Goswami Anandpuri, Boring Canal Road, P.S- Sri Krishnapuri, District- Patna I.A No. 8086/2012 6. Himalaya Institute Of Higher Education, Khemnichak, P.S- R.K. Nagar, Patha Through Its Director Dharmsheela Devi W/O Ram Chandra Saw Ashok Nagar, Road No. 14a, P.O- Lohiya Nagar, P.S- Kankarbag, District- Patna I.A No. 8287/2012 7. Aihe Anm School, Aihe Campus, Patliputra, Patna Through Its Director Harishchandra Giri S/O Late Nathuni Giri Resident Of Vivekanand Marg, P.S- Sri Krishna Puri, District- Patna. I.A No. 8092/2012 8. Mata Sushila Institute Of Education, Begampur, P.O+ P.S+ District- Nalanda Through Its Director, Avijeet Kumar S/O Shri Devendra Prasa Singh Resident Of Mohalla- New Patliputra Colony, P.O+ P.S- Patliputra Colony, District- Patna, I.A No. 8091/2012 9. Patel School Of Nursing, Ram Krishna Nagar, Patna Through Its Secretary Jay Shankar Prasad S/O Late Lala Prasad Chhatrapati Shivaji Lane, Main Road, Ashok Nagar, P.O+ P.S- Kankarbag, District- Patna, I.A No. 8090/2012 Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 2 10. Akash Nursng Institute, Madarhatta Pul, Main Road Buxar Through Its Director, Lakshman Tiwary S/O Late Sita Ram Tiwary At + P.O- Barisawan, P.S- Sahpur, District- Bhojpur Cum Secretary Of Gramin Vikas Evam Samaj Kalyan Samiti Sahpur, Bhojpur, I.A No. 8089/2012 11. Bihar Nursing School, Pawapuri, Nalanda Through Its Secretary Namely Amjad Hasan S/O Syed Hasan Resident Of Mohalla- Lamian Ki Dargah, P.O & P.S- Phulwarisharif, District- Patna, I. A No. 8088/2012 12. Chanakya Resource Development Welfare Trust, Gaya, Through Its Chairman, Rajesh Kumar S/O Late Shakendra Pandey Resident Of Bangalapur, Bhaluahi, Kharkhura, P.O- R.S. Gaya, P.S- Delha, District- Gaya, I.A No. 8060/2012 13. Srt Anm Training School, Ara Through Its Director, Lakshman Tiwary S/O Late Sita Ram Tiwary At+ P.O- Barisawan, P.S- Shahpur, District- Bhojpur Cum Secretary Of Gramin Vikash Evam Samaj Kalyan Samiti, Sahpur, Bhojpur, I.A No. 8234/2012 14. Shri Bhagwat Prasad Singh Memorial Anm Training School, Dev More, G.T Road Aurangabad Through Its President Namely Abhay Kumar S/O Late Bhagwati Prasad Singh Resident Of Nea Area Beldari Tola, Gaya, Police Station- Civil Lines, Gaya, I.A No. 8235/2012 15. Nursing Council Of India, Sanyukta Parisahd Bhawan, Kotla Road Temple Lane, New Delhi- 110002 Through Its Secretary. .... .... Respondent/s ====================================================== with Letters Patent Appeal No.347 of 2013 ====================================================== 1. The State Of Bihar Through The Principal Secretary Department Of Health, Government Of Bihar, New Secretariat, Patna 2. The Principal Secretary Department Of Health, Government Of Bihar, New Secretariat, Patna 3. The Director-In-Chief, Health Services Government Of Bihar, New Secretariat, Patna 4. The Director, Department Of Health Government Of Bihar, New Secretariat, Patna 5. The Deputy Director Government Of Bihar, New Secretariat, Patna Health Services, Department Of Health, Government Of Health, Department Of Health, .... .... Appellant/s Versus 1. Humanity Care Nursing And Paramedical College, Ahiyapur, Muzaffarpur, Bihar Through Its Secretary, Surendra Kumar Mahto S/O Shri Raghunath Mahto R/O Village- Padmaul, P.S.- Kurhni, District- Muzaffarpur 2. Holy Mission School Of Nursing, Nalanda, Through The Secretary Of Swami Vivekanand Educational And Social Welfare Trust Namely Prabhat Singh, S/O Shri Chandrakant Prasad Singh R/O Village- Bakhtiyarpur Maain Road, P.O.+P.S.- Bakhtiyarpur, District- Patna 3. M.G.M. Nursing Training School, Patna, Through The Secretary Of Prakhar (N.G.O.), Namely Seema Mishra W/O Dr. P.P. Mishra R/O Jagat Narayan Road, P.S.- Kadam Kuan, District- Patna 4. Maa Kamla Chandrika Jee Nursing Training School, P.G. Road,
Legal Reasoning
Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 3
Legal Reasoning
Jahanabad, Through The Trustee Of National Educatino Development Trust Namely Sanjay Kumar S/O Dr. Chandrika Prasad Yadav Court Area, Horrilganj, P.S.- Jahanabad, District- Jahanabad 5. Yamuna Institute Of Nursing, B.M. Hospital Campus, Bishnupur, District- Begusarai Through The President Of Orhul Yamuna Foundation (N.G.O.) Namely Dr. Ramashray Singh, S/O Late Yamuna Singh R/O Mohalla- Pokhariya, P.O.+P.S. And District- Begusarai 6. Chanakya Institute Of Health Education And Research, Through The Chairman Cum Managing Trustee Chanakya Foundation Namely Ashok Gagan, S/O Late Shri Narayan Sharma Chanakya Nagar, Beli Road, P.S.- Khagaul, Patna 7. Vivekanand School Of Nursing And Paramedies, Through The Secretary Vivekanand Paryavaran Evam Aryogya Mission Namely Divya Jyoti W/O Shri Ashok Gagan Anandpuri, West Boring Canal Road, Police Station- Sri Krishnapuri, Patna, District- Patna 8. Sri Narayan Babuni, A.N.M. Paramedical Institute, Through The Secretary, Sri Narayan Babuni (Snb) Foundation Trust,Namely Bijay Kumar S/O Late Sri Narayan Sharma Amhara, Police Station- Bihta, District- Patna 9. Narmada A.N.M. Paramedical Institute, Through The Secretary, National Rural And Mountain Development Association (Narmada) Namely Arvind Pandey, S/O Ram Rajiv Pandey Brindavan Colony, Phulwarisharif, Patna 10. Bihar Raj A.N.M. Nursing Institute, Patna, Through The Settler Of Maa Saraswati Educational Trust, Patna, Namely Ranjit Singh S/O Late Manohar Prasad R/O Villge- Sultanpur, P.O.- Jagai, P.S.- Ekangarasarai, District- Nalanda 11. Bimla Nursing School, Karaiparsurai, Nalanda, Through The Secretary Of Suresh Chandra Ramyasi Devi Shaikshanik Evam Samajik Seva Sansthan Namely Shri Digvijay Kumar, S/O Shri Suresh Chandra At - Sandh, P.O.- Bahper, P.S.- Karaiparsurai, District- Nalanda 12. Bimla Memorial Para Medical And A.N.M. Training School, Bimla Nagar, P.O.- Manoharpur Kachhuara, P.S.- Gaurichak, District- Patna Through The Chairman Of Bimla Memorial Shaikshanik And Samajik Seva Sansthan, Namely Suresh Prasad Singh S/O Shri Baldeo Singh, At - Chhittar Bigha, P.O.- Medhma, P.S.- Karaiparsurai, District- Nalanda 13. Prem Murti A.N.M. Training School, P.O.+P.S.- Shastri Nagar, Through The Secretary Of Kusum Mahila Vikas Samiti, Namely Manoj Kumar Sinha S/O Late Harishchandra Prasad R/O Panchvati Colony, P.O.- Anisabad, P.S. Beur, District- Patna 14. Nalanda School Of Nursing, Chandi, Nalanda, Through The Director Of Sai Raghunandan Educational And Social Trust Namely Mithilesh Kumar, S/O Chhote Lai Kewat R/O Village - Satnag, P.S.-Chandi, District- Nalanda 15. Jiya A.N.M. School, Brhampura, Phulwarisharif, Patna, Through The Settler Of Maa Shyam Sunder Educational And Welfare Trust Namely Dr. Jitendra Kumar, S/O Late Dr. Ram Prasad Singh R/O Village- Brahmpura, P.O.+P.S.- Phulwarisharif, District- Patna 16. Ashoka Nursingh And Para Medical College, Barhai Tola, Patel Nagar, P.O.+P.S.- Islampur (Nalanda) Through The Settler President Of Aryan Abhishek Education Trust, Namely Ranjeet Kumar S/O Shri Arvind Prasad, Village- Lachhbigha, P.O.- Mahanandpur, P.S.- Nagarnausa, District- Nalanda 17. Maa Yashoda A.N.M. Nursing School, Jadhua, Chiknauta, Hajipur, Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 4 Vaishali, Through The Managing Trustee Of Yashoda Shyamnandan Education Trust Namely Prabhash Kumar Singh, S/O Shyam Nandan Prasad Singh R/O Village- Rahsa East, P.O.+P.S.- Bhagwanpur, District- Vaishali 18. Lav Kush Para Medical And Nursing Training Sansthan (A.N.M. School), Faizalganj, Behind Sher Shah Hotel, At + P.O.- Sasaram, District- Rohtas Through The Secretary Of The Managing Committee Namely Sri Mato Raman Seva Sansthan Namely Narendra Kumar Singh, S/O Late Radha Raman Singh, At + P.O.- Araruan, P.S.- Kargahar, District- Rohtas 19. Rajgir A.N.M. Nursing School, Rajgir, District- Nalanda, Through The General Secretary, Gautam Budha Educational Health And Social Trust, Rajgir, Nalanda Namely Sanjay Kumar, S/O Jagdish Singh R/O Bus Stand, Near Pachrukhi Kuan, P.O.+P.S.- Rajgir, District- Nalanda 20. Raj Kumari Nursing Training School, Handloom Bhawan, Rajendra Nagar, Patna Through The Secretary Of M And R.D.P. Welfare Council, Patna Namely Vijay Shankar, S/O Shri Rama Prasad R/O Siyaram Bhawan, Dariyapur Gola, P.O. And P.S.- Kadam Kuan, District- Patna 21. Saumya Krishna A.N.M., Training School, Maurya Path, Khajpura, Patha, Through The Secretary Of Madhepura Matribhani Seva Sansthan Namely Shiv Krishna Mandal, S/O Shri Bindeshwari Prasad Mandal House No. 7, Road No. 3, East Patel Nagar, Patna 22. Chhaya Institute Of Nursing Science, Raja Bazar, Patna Through The Secretary Of Chhaya Educational And Welfare Trust Namely Shiv Krishna Mandal, S/O Shri Bindeshwari Prasad Mandal House No. 7, Road No. 3, East Patel Nagar, Patna 23. Veer Kunwar Singh, Main Road, Arra, Bhojpur, Through Its Director, Namely Manoj Kumar S/O Shri Rameshwar Pandey R/O Vijay Nagar, Shiv Mandir, P.S.- Shastri Nagar, P.O.- Veterinary, District-Patna 24. Shir Rai Bahadur Ram Chandra Ram Lakshmi Narayan Nursing Training School, Kurtha, Tehta, Jahanabad Through Its Secretary, Namely Chandra Prakash S/O Dr. Chandrika Prasad Yadav R/O 101, Patna Dental Hospital Building, Exhibition Road Chowk, P.S.- Gandhi Maidan, Patna 25. Saroj Nursingh Institute, Race Course, Chakkar Maidan, Muzaffarupr, Through Its Secretary, Namely Dr. Lok Shakti S/O Shri Hind Keshari Yadav R/O Race Course, Chakkar Maidan, P.S.- Kazi Mohammadpur, District- Muzaffarpur 26. Dr. Nesar Haider Institute Of Nursing Science, Sakri Madhubani, Through Its Secretary, Dr Nesar Haaider S/O Zulfekar Haider P.O. And P.S.- Sakri, District- Madhubani 27. Chanakya School Of Nursing And Para Medical, Koielwar, Bhojpur, Through Chairman-Cum-Managing Trustee, Namely Ashok Gagan S/O Late Shri Narayan Sharma Chanakya Nagar, Beli Road, P.S.- Khagaul, Patna 28. The Union Of India Nursing Council Of India, Through Its Secretary, Joint Council Bhawan, Kotla Road, Temple Lane, New Delhi - 110002 29. The Secretary Nursing Council Of India, Joint Council Bhawan, Kotla, Road, Temple Lane, New Delhi - 110002 .... .... Respondent/s ====================================================== with Letters Patent Appeal No.325 of 2013 Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 5 ====================================================== 1. The State Of Bihar Through The Chief Secretary Government Of Bihar, New Secretariat, Patna 2. The Principal Secretary Department Of Health, Government Of Bihar, New Secretariat, Patna 3. The Director-In-Chief, Health Services Government Of Bihar, New Secretariat, Patna 4. The Director, Department Of Health Government Of Bihar, New Secretariat, Patna 5. The Deputy Director, Health Services Government Of Bihar, New Secretariat, Patna Government Of Health, Department Of Health, Department Of Health, .... .... Appellant/s Versus 1. Prameela Adhar A.N.M. Training School, West Kashipur, P.S.- Kashipur, Distt.- Samastipur, Bihar, Through Its Secretary Anurodh Thakur S/O Shree Ramadhar Thakur R/O Village- Emansaray, P.O. And P.S.- Shahpur Patory, Distt.- Samastipur 2. Sheikhpura Institute Of Nursing And Para Medical Science (Anm School), Sheikhpura, Through Its Chairman, Jeetendra Kumar S/O Suresh Prasad R/O - At Dwarikapuri Hanumannagar, P.S.- Kankarbagh, District- Patna 3. Aryabhatta Institute Of Nursing And Paramedical, Gola Road, Bailey Road, Danapur, Patna Through Its Secretary, Sarvesh Kumar Tiwari S/O Hrishikesh Tiwari R/O - At 601, Shanti Heritage, Rukunpura, Bailey Road, Patna, Rupaspur, District- Patna 4. Apollo Nursing Training School, Saiyad Nagar, Laheriasarai, Near Kisan Nurshari Darbhanga Through Its Secretary Md. Taqueeh Akhtar S/O Jamil Akhtar R/O At- Apollo Nursing Training School Sayad Nagar, Laheriasarai, P.S.- Laheriasarai, District- Darbhanga 5. Darbhanga Nursing School, Shivdhara, Dharbhanga Through Its Secretary, Shahbaz Ahmad S/O Dr. Shabbir Ahmad R/O At - Kadirabad, Darbhanga, P.S.- Lnmu Campus, Distt.- Darbhanga 6. Anju Institute Of Nursing Science (Anm) School, Islampur, Nalanda Near Kirasan Tanki, Gaya Road, Islampur, Through Its Secretary Amar Singh Azad, S/O Awdesh Prasad, R/O At- Gurgaon, P.S.- Hulasganj, Distt.- Jehanabad 7. Dr. Kumari Manju, Asstt. Professor (Obs. Of Gyanac, P.M.C.H., Patna (Member) 8. Smt. Mariyamma Jakkariya Junior Tutor Of G.N.M., K.M.C.H., Muzaffarpur 9. Smt. Madhuri Kumari Jha, P.H.N., A.N.M. School, Muzaffarpur 10. The Secretary Indian Nursing Council Sanyukt Paarishad Bhawan, Kotla Road, Temple Lane, New Delhi - 110002 .... .... Respondent/s ====================================================== with Letters Patent Appeal No.786 of 2013 IN Civil Writ Jurisdiction Case No. 13556 of 2012 ====================================================== Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 6 1. Nursing Council Of India, Sanyukta Parisahd Bhawan, Kotal Road, Temple Lane, New Delhi- 110002 Through Its Secretary .... .... Appellant/s Versus 1. Patel School Of Nursing, Patel Nagar, Raja Bazar, Jahanabad, Bihar Through Its Secretary Vijay Prakash Son Of Shri Anil Kumar Singh Resident Of Bal Vidya Niketan, Patel Nagar, Raja Bazar, P.O. And Ps And District Jehanabad 2. The Principal Secretary, Department Of Health, Govt. Of Bihar, New Secretariat, Patna .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.13993 of 2013 ====================================================== Nutan Kumari & Anr .... .... Petitioner/s The State Of Bihar & Ors Versus .... .... Respondent/s ====================================================== Appearance : (In LPA No.202 of 2013) For the Appellant/s : Mr. Roy Shivaji Nath, Sr. Adv., A.A.G.-3 Mr. Subhash Prasad Singh, G.A.-7 Mr. Bajarangi Lal, A.C. to G.A.-7 Mr. Dilip Kumar, A.C. to G.A.-7 For Nursing Council : Mr. S.N. Pathak , Sr. S.C.C.-4 with Mr. S.K. Tiwary, Adv. For the Respondent/s : Mr. Shashi Anugrah Narayan, Sr. Adv. Mr. Arun Kumar, Adv. (In LPA No.347 of 2013) And (In LPA No.325 of 2013) : Mr. Roy Shivaji Nath, Sr. Adv., A.A.G.-3 Mr. Mr. Amarendra Kumar, Adv. Mr. Manjri Nath, Adv. For Nursing Council : Mr. S.N. Pathak , Sr. S.C.C.-4 with For the Respondent/s : Mr. Shashi Anugrah Narayan, Sr. Adv. Mr. Arun Kumar, Adv. Mr. Bipin Kumar, Adv. (In LPA No.786 of 2013) For the Appellant/s : Mr. Shri Nath Pathak For the Respondent/s : Mr. (In CWJC No.13993 of 2013) For the Petitioner/s : Dr. Amar Nath Singh & Ashok Kr. Singh, Advs. For Bihar Nurses Council: Mr. J.P. Karn, Sr. Adv. Mr. A.K. Dubey, Adv. For the State : Rajiv Kumar Singh, A.C. to G.A. VIII Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 7 For Indian Nursing Council: Mr. S.N. Pathak, Sr. S.C.C.-4 With Mr. S.K. Tiwary, For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 16 26-09-2013 We have heard counsel for the appellants, the respondents and the Nursing Council of India [hereinafter referred to as ‘the Council’]. The present Appeals arise out of CWJC No. 13556 of 2012 and analogous cases disposed on 18.12.2012 and CWJC No. 20142 of 2012 disposed on 8.1.2013. The questions of law involved for consideration are identical and they are thus being disposed by a common order. The controversy relates to grant of recognition for establishment of Nursing Schools in the State. The relevant laws for consideration are the Indian Nursing Council Act, 1947 [hereinafter referred to as the ‘Central Act’] and the Bihar and Orissa Nurses Registration Act, 1935 [hereinafter referred to as the ‘State Act’] and the Nurses Training, Affiliation and conduct of Examinations of Schools of Nursing Rules,1997 [hereinafter called ‘the Rules’] framed by the State government under the State Act. The Rules were framed pursuant to the judgment of the Court reported in 1993 [2] P L J R 479 [Raj A.N.M. School v. State of Bihar] [DB] on the issue. The State government referring to letter dated 9.1.2012 issued by the Council declined to grant recognition holding that the power lay with the Council alone. The Learned Single Judge quashed the letter Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 8 dated 9.1.2012 holding that the power for grant of recognition lay with the State government and not the Council. The State authorities were directed to grant recognition failing which the Council was directed to treat them as recognized institutions. Learned Additional Advocate General no.2, assailed the order under Appeal contending that in view of the authoritative direction from the Council, the State government was not competent to grant recognition and it could only grant no- objection certificate to facilitate consideration by the Council for recognition. Learned Senior Counsel, Shri S. A. Narain who led the arguments on behalf of the respondent Nursing schools supported the order under Appeal contending that it required no interference as it simply followed and reiterated the law laid down in Raj A. N. M. School [supra].. Shri S N Pathak for the Council also relied on Raj A. N. M. School [supra] to submit that its authority was properly explained in the judgment and the letter dated 9.1.2012 was only a reiteration of the same. It needs to be noticed that ever since framing of the Rules by the State government in 1997, there appears to have been no controversy with regard to the issue and the respective powers regarding recognition till issuance of letter dated 9.1.2012. The materials and orders brought on record by the respondent Nursing Schools as recent as 6.2.2012 bearing letter No.64 [6] issued by the Health Department of the State government for grant of recognition to Ram Pratap Smriti Education and Welfare Society, Rukanpura, for Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 9 establishment of a Nursing school leaves the Court satisfied that the State authorities had fully appreciated and understood the true import and scope of their powers under the State Act as interpreted by the Court in Raj A. N. M. School [supra] and the field of operation subsequently under the Central Act. We find it extremely difficult to understand and appreciate the reason for the State authorities contending to the contrary, against their own orders, before the Learned Single Judge. At no stage after the judgment in Raj A. N. M. School [supra] the Central Council ever contended that the State government had no powers to grant recognition. Even before us Shri Pathak for the Council stood by the judgment. We had called for the original file to understand and appreciate the circumstances under which the Rules came to be framed in 1997 after the judgment in Raj A. N. M. School [supra]. The Court was informed that the files have gone missing and now a first information report has been lodged on 26.8.2013. We have gone through the F.I.R but refrain from making any observations with regard to the same as we are satisfied that the matter can be disposed off on another issue. A controversy with regard to the question for grant of recognition by the State government was now created fuelled by a difference of opinion between the Secretary and Minister of the Department where none really existed. An unnecessary clarification was sought by the Secretary on 9.12.2011 from the Council with respect to the powers of the State government for grant of recognition with the Minsiter opining that the power lay with the State Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 10 government. On receipt of letter dated 9.1.2012, without any reference to the judgment in Raj A. N. M. School [supra] an opinion by the figment of imagination was now generated in the department that the State government had no powers to grant recognition. We had requested the personal appearance of the Principal Secretary who candidly admitted before us that he had not bothered to read the judgment in Raj A. N. M. School [supra]. Litigation was thus generated by apathy where none really existed. If the Secretary had only bothered to read the judgment in Raj A. N. M. School [supra], and then sought a clarification from the Council in light of the same, a wholly unnecessary burden on this Court could have been avoided. The State Litigation Policy,2011, was given a short shrift when the Department opined that it had lost the powers to grant recognition notwithstanding the fact that the judgment in Raj A. N. M. School [supra] still held the field, having been assailed by none. The Learned Single Judge has quoted the opinion of the Advocate General dated 10.10.2009 which is explicit in opining that the power to grant recognition in view of the judicial pronouncement lay with the State government. Conscious of the fact that it was a privileged communication, we have been tempted to refer to the same only to express our disappointment for the manner in which the State authorities have proceeded on the issue. We do not agree with the Learned Single Judge that the letter of the Council dated 9.1.2012 was completely without jurisdiction. This finding is contrary to the law laid down in Raj A. N. M. School [supra] and the extent of powers vested in the Council. We therefore Patna High Court LPA No.202 of 2013 (16) dt.26-09-2013 11 set aside that part of the order under appeal only to the extent that it quashes the letter dated 9.1.2012.
Decision
We direct the State government to consider all pending cases for grant of recognition in accordance with law and pass appropriate orders expeditiously. The Appeal is allowed only to the extent indicated. (Navin Sinha, J) (Vikash Jain, J) K.C.jha/-