Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.661 OF 2013 =================================================== CARE ANM NURSING TRAINING SCHOOL, BYPASS ROAD, MAHAVIR NAGAR, ANISABAD, PATNA THROUGH ITS SECRETARY, DHANANJAY KUMAR, SON OF SHRI MATHURA PRASAD RESIDENT OF E-57, PEOPLE’S COOPERATIVE COLONY, P.O.- LOHIA NAGAR, P.S.- KANKARBAGH, DISTRICT- PATNA. .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 3.THE DIRECTOR IN CHIEF, HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 4.THE DIRECTOR, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 5.THE JOINT DIRECTOR, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA. 6.THE NURSING COUNCIL OF INDIA, SANYAKTA PARISHAD BHAWAN, KOTLA ROAD TEMPLE LANE, NEW DELHI- 110002 THROUGH ITS SECRETARY. .... .... RESPONDENT/S ================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3355 OF 2013 =================================================== RINA NURSES INSTITUTE(A.N.M. SCHOOL), SALIMPUR, LAKHIPUR, BAKHTIYARPUR, DISTT-PATNA THROUGH ITS DIRECTOR NAMELY ASHOK KUMAR SINGH AGED ABOUT 37 YEARS, S/O LATE BINDESHWARI SINGH R/O MOHALLA-SAIDPUR, KHATAL GALI, P.O.-BANKIPUR, P.S.-KADAM KUAN, DISTT-PATNA. P.O.-SALIMPUR, BAKHTIYARPUR, P.S.- .... .... PETITIONER/S VERSUS 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 SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE DIRECTOR, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 5.THE DEPUTY DIRECTOR, HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, IN-CHIEF, DIRECTOR HEALTH Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 2 KOTLA ROAD, TEMPLE LANE, NEW DELHI-110002 THROUGH ITS SECRETARY. 7.THE SECRETARY, INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN KOTLA ROAD, TEMPLE LANE, NEW DELHI- 110002. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3357 OF 2013 ================================================== PRESIDENCY INSTITUTE OF HEALTH EDUCATION & RESEARCH (A.N.M.SCHOOL), ITS DIRECTOR, DR.MD. SAGEER ALI ANJUM S/O DR. M.M.HUSSAIN RESIDING AT CITY HOSPITAL CAMPUS, KASHIPUR, P.O.+ P.S.+ DISTT-SAMASTIPUR. MAHENDRU THROUGH PATNA .... .... PETITIONER/S HEALTH DIRECTOR IN-CHIEF, VERSUS 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 SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE DIRECTOR , DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 5.THE DEPUTY DIRECTOR, HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110002 THROUGH ITS SECRETARY. 7.THE SECRETARY, INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN KOTLA ROAD, TEMPLE LANE, NEW DELHI- 110002. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3387 OF 2013 =================================================== DR. LALDEO PARA MEDICAL & A.N.M.NURSING TRAINING SCHOOL, GAYA THROUGH ITS DIRECTOR NAMELY DR. LALDEO YADAV SON OF LATE BAHADUR YADAV RESIDENT OF SHAHID BHAGAT SINGH COLONY, P.O. RAMPUR , P.S. - RAMPUR, DISTRICT - GAYA. .... .... PETITIONER/S VERSUS 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,
Legal Reasoning
Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 3 HEALTH DIRECTOR IN-CHIEF, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3.THE SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE DIRECTOR, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 5.THE DEPUTY DIRECTOR, HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002 THROUGH ITS SECRETARY. 7.THE SECRETARY, INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3380 OF 2013 ================================================== MEDICAL TRAINING SANSTHAN (A.N.M. SCHOOL), JASO ROAD, BUXAR THROUGH ITS SECRETARY MANI LAL SINGH SON OF SHIV MUNI SINGH RESIDENT OF VILLAGE - KOSANDA, P.O. - KOATH, P.S. - SURYAPURA, DISTRICT - ROHTAS .... .... PETITIONER/S HEALTH DIRECTOR IN-CHIEF, VERSUS 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. SERVICES, 3.THE DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE DIRECTOR, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 5.THE DEPUTY DIRECTOR, HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002 THROUGH ITS SECRETARY. 7.THE SECRETARY, INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002. .... .... RESPONDENT/S ================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3405 OF 2013 =================================================== JAHANVI NURSING & PARA MEDICAL INSTITUTE, BHAGALPUR Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 4
Legal Reasoning
THROUGH ITS SECRETARY PREM LAL S/O SHRI SHIV PRASAD SINGH R/O MOHALLA- MUSALLAHPUR, RAM NIWAS BHAWAN, P.S.- KADAMKUAN, DISTRICT- PATNA .... .... PETITIONER/S VERSUS 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 NULL HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4.THE DIRECTOR, DEPARTMENT OF HEALTH GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5.THE DEPUTY DIRECTOR, HEALTH SERVICES DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN NULL KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002 THROUGH ITS SECRETARY 7.THE SECRETARY, INDIAN NURSING COUNCIL JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI- 110002 .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3432 OF 2013 =================================================== MUNDESHWARI COLLEGE OF NURSING (A.N.M. SCHOOL), ODAR, BHABHUA, KAIMUR THROUGH ITS SECRETARY SANTOSH KUMAR VERMA S/O LATE PARAS NATH VERMA R/O VILLAGE + P.O.-ODAR, P.S.-SONHAM, DISTRICT- KAIMUR .... .... PETITIONER/S DIRECTOR VERSUS 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 IN-CHIEF, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4.THE DIRECTOR, DEPARTMENT OF HEALTH GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5.THE DEPUTY DIRECTOR, HEALTH SERVICES DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN KOTLA ROAD, TEMPLE LANE, NEW DELHI-110002 THROUGH ITS SECRETARY 7.THE SECRETARY, INDIAN NURSING COUNCIL JOINT SERVICES HEALTH Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 5 COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI- 110002 .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3453 OF 2013 =================================================== SUBHADRA DEVI SCHOOL OF NURSING (A.N.M.), S.D.O. ROAD, HAJIPUR, VAISHALI THROUGH ITS CHAIRMAN NAMELY RAJENDRA RAI S/O LATE RAM BARAN RAI AT PRESENT RESIDING AT 42 A, HARDING ROAD, P.S.- SECRETARIAT, DISTRICT- PATNA .... .... PETITIONER/S VERSUS 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, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4.THE DIRECTOR, DEPARTMENT OF HEALTH GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5.THE DEPUTY DIRECTOR, HEALTH SERVICES DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN KOTLA ROAD, TEMPLE LANE,NEW DELHI - 110002 THROUGH ITS SECRETARY 7.THE SECRETARY, INDIAN NURSING COUNCIL JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI- 110002. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3471 OF 2013 ================================================= M.V. SCHOOL OF NURSING, ISLAMPUR, NALANDA THROUGH ITS SECRETARY RAM CHANDRA SINGH S/O LATE SUKH LAL SINGH R/O VILLAGE + P.O.- ICHOSE, P.S.- ISLAMPUR, DISTRICT- NALANDA .... .... PETITIONER/S VERSUS 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, Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 6 DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4.THE DIRECTOR DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5.THE DEPUTY DIRECTOR HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002 THROUGH ITS SECRETARY 7.THE SECRETARY INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002 .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.16268 OF 2012 =================================================== M.R. SCHOOL OF NURSING THROUGH IT’S SECRETARY GHULAM HASNAIN CHANDAULI BASANT, P.O.- PATORY BASANT, P/S- BISHANPUR, DARBHANGA, BIHAR .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY PATNA, NEW SECRETARIAT, PATNA 2.THE DIRECTOR IN CHIEF, DEPARTMENT OF HEALTH SERVICES, NEW SECRETARIAT, PATNA 3.DEPUTY DIRECTOR, DR. JAGDISH SINGH DEPARTMENT OF HEALTH SERVICES, NEW SECRETARIAT, PATNA 4.SECTION OFFICER, SECTION 6, DEPARTMENT OF HEALTH SERVICES, NEW SECRETARIAT, PATNA 5.JYOTI KUMARI, OFFICE ASSISTANT, DEPARTMENT OF HEALTH SERVICES, NEW SECRETARIAT, PATNA 6.THE CHIEF SECRETARY STATE OF BIHAR, OLD SECRETARIAT, PATNA. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.3814 OF 2013 =================================================== JANKI A.N.M. TRAINING INSTITUTE/SCHOOL, MANAGED BY JANKI EDUCATIONAL& MEDICAL TRUST ASHOKA COMPLEX, RAJ KUMAR GANJ, DARBHANGA(BIHAR) THROUGH ITS SECRETARY, KAUSHAL KUMAR, S/O PRITAM DAS ATHWANI , R/O ASHOKA COMPLEX, RAJ KUMAR GANJ, DARBHANGA, P.S.+DISTT-DARBHANGA. VERSUS 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH , GOVERNMENT OF .... .... PETITIONER/S Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 7 BIHAR, PATNA 2.THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 3.THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 4.THE DIRECTOR, HEALTH SERVICES, BIHAR, PATNA. 5.THE JOINT DIRECTOR, HEALTH SERVICE, BIHAR, PATNA .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.4014 OF 2013 =================================================== PATLIPUTRA A.N.M. TRAINING SCHOOL, SHYAM KUNJ, DHADHA GHAT, PATNA THROUGH ITS SECRETARY NAMELY SMT. CHAMPA PRASAD DAUGHTER OF LATE CHANDESHWAR PRASAD RESIDENT OF MOHALLA - DHADHA GHAT, P.S. - SULTANGANJ, DISTRICT - PATNA .... .... PETITIONER/S HEALTH DIRECTOR-IN-CHIEF, VERSUS 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 SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4.THE DIRECTOR, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5.THE DEPUTY DIRECTOR, HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002 THROUGH ITS SECRETARY 7.THE SECRETARY, INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.2179 OF 2013 ================================================== 1.BUDHA A.N.M. TRAINING INSTITUTE, SITALPATTI, SAMASTIPUR (BIHAR) RUN BY JAGATPATI MANAV VIKASH SANSTHAN UNDER SOCIETY REGISTRATION ACT THROUGH ITS SECRETARY, RAVI RANJAN PRASAD SINGH S/O LATE KAMESHWAR PRASAD SINGH R/O VILLAGE- SITALPATTI, P.S. + DISTRICT- SAMASTIPUR (BIHAR) 2. JANKI A.N.M. TRAINING INSTITUTE/SCHOOL, MANAGED BY JANKI EDUCATIONAL & MEDICAL TRUST, ASHOKA Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 8 COMPLEX RAJ KUMAR GANJ, DARBHANGA (BIHAR) THROUGH ITS SECRETARY KAUSHAL KUMAR, S/O PRITAM DAS ATHWANI R/O ASHOKA COMPLEX, RAJ KUMAR GANJ, DARBHANGA, P.S. + DISTRICT- DARBHANGA .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 2.THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 3.THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 4.THE DIRECTOR, HEALTH SERVICES, BIHAR, PATNA 5.THE JOINT DIRECTOR, HEALTH SERVICE, BIHAR, PATNA. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.4855 OF 2013 =================================================== NAINCY NURSING TRAINING SCHOOL, MANAGED AND RUN UNDER PALAK SAMAJ UTTHAN SANSTHAN, PRABHAT NAGAR, MUZAFFARPUR THROUGH ITS SECRETARY, MANOJ KUMAR, S/O SRI ASHOK RAI, RESIDENT OF PRABHAT NAGAR, BHAGWANPUR, DSITRICT MUZAFFARPUR. .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 2.THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 3.THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 4.THE DIRECTOR, HEALTH SERVICES, BIHAR, PATNA 5.THE JOINT DIRECTOR, HEALTH SERVICE, BIHAR, PATNA. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.4873 OF 2013 ================================================== ARCHANA NURSING SCHOOL, JANKI NAGAR, ZERO MILE, MUZAFFARPUR MANAGED AND RUN BY GEETA PRASAD SINGH SEVA SANSTHAN, ADARSH COLONY, MUZAFFARPUR THROUGH ITS CHIEF EXECUTIVE OFFICER, NAMELY SUMAN ROY, S/O SUBHASH ROY, MAA JANAKI HOSPITAL & RESEARCH CENTRE, BAIRIYA, GOLAMBER, MUZAFFARPUR. VERSUS 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF .... .... PETITIONER/S Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 9 BIHAR, PATNA. 2.THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 3.THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 4.THE DIRECTOR, HEALTH SERVICES, BIHAR, PATNA. 5.THE JOINT DIRECTOR, HEALTH SERVICE, BIHAR, PATNA. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.5196 OF 2013 ================================================== MILLAT A.N.M. SCHOOL & PARA MEDICAL SANSTHAN, BETTIAH (RAM NAGAR), WEST CHAMPARAN THROUGH ITS SECRETARY NAMELY MD. BADRUDDIN, AGED ABOUT 50 YEARS, S/O LATE MD. QUASIM, R/O MOHALLA PURANI BAZAR, AT +P.O + P.S RAM NAGAR, DISTRICT WEST CHAMPARAN. .... .... PETITIONER/S HEALTH DIRECTOR-IN-CHIEF, VERSUS 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 SERVICES, 3.THE DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4.THE DIRECTOR, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5.THE DEPUTY DIRECTOR, HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 6.INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002 THROUGH ITS SECRETARY 7.THE SECRETARY, INDIAN NURSING COUNCIL, JOINT COUNCIL BHAWAN, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002. .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.21092 OF 2012 =================================================== SISTER NIVEDITA INSTITUTE OF NURSING, HARPUR ALLOTH, P.S. - MUSARIGHARARI, DISTRICT - SAMASTIPUR THROUGH ITS SECRETARY DR. AMAR NATH SINGH SON OF LATE LAKSHMI NARAYAN SINGH RESIDENT OF LAKSHMI UMA PLAZA, LOHANIPUR EAST, P.S. - KADAM KUAN, DISTRICT - PATNA .... .... PETITIONER/S VERSUS Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 10 1.THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY, DEPTT. OF HEALTH, GOVT. OF BIHAR, PATNA 2.PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA 3.DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 4.DIRECTOR, HEALTH SERVICES, BIHAR, PATNA 5.DEPUTY DIRECTOR, HEALTH SERVICES, BIHAR, PATNA 6.INDIAN NURSING COUNCIL, COMBINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE, NEW DELHI - 110002, THROUGH ITS SECRETARY. .... .... RESPONDENT/S ================================================== APPEARANCE : (IN CWJC NO.661 OF 2013) FOR THE PETITIONER/S: MR. Y.V GIRI, SR. ADVOCATE AND MR. J.P KISHORE. FOR THE RESPONDENT/S: MR.GIRIJA SHANKAR PRASAD. FOR THE NURSING COUNCIL OF INDIA: MR. S.N. PATHAK. (IN CWJC NO.3355 OF 2013+4014 OF 2013 + 3357 OF 2013 + 3380 OF 2013 + 3387 OF 2013 + 3405 OF 2013+ 3432 OF 2013 + 3453 OF 2013 + 3471 OF 2013 + 5196 OF 2013) FOR THE PETITIONER/S :MR. ARUN KUMAR. FOR THE INDIAN NURSING COUNCIL:MR.S.N. PATHAK. (IN CWJC NO.3405 OF 2013) FOR THE PETITIONER/S:MR. ARUN KUMAR. FOR THE RESPONDENT/S:MR. SHAILENDRA KUMAR JHA, A.C TO S.C 14. (IN CWJC NO.16268 OF 2012) FOR THE PETITIONER/S:MR. S.P. SRIVASTAVA, SANJAY KUMAR SINHA AND PANKAJ KUMAR. (IN CWJC NO.4855 OF 2013) FOR THE PETITIONER/S:MR. MURARI PRASAD SINHA. FOR THE RESPONDENT/S:MR. SUMAN KUMAR JHA, AC TO AAG5. =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 6/ 20-03-2013 Heard counsel for the parties. 2. Though in all these writ applications the main prayer of the petitioners is for issuance of a direction to the respondents to issue order of permanent Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 11 recognition for conducting the ANM (Auxiliary Nursing and Midwifery) course for the session 2012-2013 onwards, learned counsel for the petitioners in all these cases in course of making such submission have now confined to a limited prayer only by way of seeking direction to the Respondents for consideration of the case of the petitioners institutions both by State of Bihar as also Nursing Council of India. 3. Mr. Y.V Giri, learned senior counsel leading the argument on behalf of the counsel for the petitioners has submitted that as a matter of fact the State Government has already completed its exercise by getting the inquiry conducted with regard to the petitioner institutions and therefore, whatever rest has to be done is left to the Nursing Council of India. He would, accordingly, submit that the State Government should not be allowed time for a period of more than two months in doing the needful in recommending the case of the petitioners to the Nursing Council of India, a period of three months should be set out for the Nursing Council of India for doing the needful Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 12 exercise. He has in this context also referred to the various documents showing specific representation and assurance given by the State Government on the basis of which the petitioner institutions have made a huge investment in establishment of full fledged teaching institutions. 4. Learned counsel for the State, however, prays that a period of three months be given to the State of Bihar for completing the exercise because there are number of institutions and the State Government will have to decide their cases individually by taking into account the objective findings in the inquiry reports of all these institutions. He has, accordingly, submitted that a minimum period of three months would be required for the State of Bihar to do the needful for sending its recommendation for Nursing Council of India for grant of recognition. 5. Mr. S.N. Pathak, learned counsel for Nursing Council of India on the other hand has submitted that it is difficult for the Nursing Council of India to take a decision within the specified time limit because in terms of Section 13 of Nursing Council Act, a Committee Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 13 will have to be constituted which would be required to hold local inspection for going into the issue the individual merits of each of the institutions seeking recognition for undertaking the ANM Course. He has also submitted that in any event a pragmatic time limit has to be set out only with a view that the petitioner-institutions can be allowed to function in the event of grant of recognition from prospective effect. 6. In the considered opinion of this Court, once the prayer of the petitioner in these cases have been confined to consideration of the cases of recognition in accordance with the provisions made in the Nursing Council Act, there can be no difficulty in holding that after the petitioner-institutions in terms of the advertisement issued by the State of Bihar had filed their application for being given recognition a decision has to be taken in one way or the another inasmuch as and they cannot be kept pending for an indefinite and unreasonable period. The petitioners in fact having made huge investment in land, building, infrastructure with a view to undertake the Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 14 imparting ANM Course at an early date have atleast a legitimate expectation of being granted recognition without which they cannot start actual teaching work. At the same time the Nursing Council of India being the supervisory body directly concerned with teaching standards in the field of nursing will have to also effectively exercise its power to ensure that the institutions which are given recognition do fulfil the prescribed requisite standard and deserve to be recognised. It has to be always kept in mind the students who will complete and pass out in A.N.M. course from the petitioner institutions will be working in the field of medical health Care affecting the large number of patients from amongst common people. 7. In view of these vitals aspects involving public interest this court, having regard to the recent scheme undertaken by the Government of Bihar for increase in the number of the institutions for imparting ANM course in the private sector, would direct the concerned officials of the State of Bihar to ensure that the cases of each of the petitioner-institutions is examined and a Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 15 final decision with regard to their grant of recognition by way of recommendation to the Nursing Council of India is taken within a period of two months from the date of receipt of this order. 8. Once such recommendation of the Government of Bihar for individual petitioner- institutions in these cases is sent to and received by the Nursing Council of India, immediate steps for considering the cases of their recognition must be taken by the Nursing Council of India. In doing so if the Nursing Council of India is required to hold any local inspection, it must communicate its decision to the petitioner-institutions within four weeks from the date of recommendation made by the State of Bihar to the Nursing Council of India. If the petitioner-institutions would deposit the requisite fees for inspection as also furnish the necessary information, if any, required by Nursing Council of India within the fixed time frame the local inspection of the petitioner institutions, if at all needed, must be held by the team of Nursing Council of India in next eight weeks from the date of deposit of inspection fees. A Patna High Court CWJC No.661 of 2013 (6) dt.20-03-2013 16 final decision on the basis of examination of all the relevant aspects including the reports of local inspection conducted by the Nursing Council of India for the individual petitioner institutions must be taken in next four weeks to be reckoned from the date of submission of inspection report in the office of Nursing Council of India. The Nursing Council of India should therefore also not keep the cases of any of the petitioner-institutions pending for a period of four months from the date of receipt of the recommendation of the State of Bihar and a final decision in the matter of grant or refusal of recognition must be communicated to the petitioner institutions within the aforesaid period of four months. 9. It is also made clear, that if the aforementioned time schedule is not adhered to either by the State of Bihar and/or Nursing Council of India they would render themselves liable for being proceeded and punished under the provisions of Contempt of Court Act 1971. 10. With the aforementioned observations and direction, all these
Decision
applications are disposed of. Ranjan (Mihir Kumar Jha, J)