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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH, J.
The Association of Private Nursing and Paramedical Institution - Petitioner
Versus
The State of Bihar through the Additional Chief Secretary, Health Department, Bihar, Patna & Ors. - Respondents
Civil Writ Jurisdiction Case No. 8204 of 2023
Decided On : 13-06-2023
For the Petitioner:Mr. Mrigank Mauli, Sr. Advocate, Ms. Kalpana, Mr. Sumit Shekhar Pandey.
For the Respondent: Mr. S.D. Yadav(AAG-9), Mr. Anil Kumar Verma, AC to AAG-9.
IMPORTANT POINT
The court emphasized the importance of the right to education and the obligation of the State to facilitate access to professional education, directing immediate action to ensure the smooth functioning of health science institutions and uphold students' rights to pursue professional education.
Headnote:
Bihar University of Health Sciences Act - Affiliation of Non Government Medical Colleges - Sections 4, 28, 30, 45 - The court directed the newly established University and the State Government to enact and publish statute and regulation within 30 days, hold entrance examination within 15 days after publication, and follow the academic schedule prescribed by the Indian Nursing Council. The modified schedule allowed for the entrance test to be conducted within 45 days, ensuring that colleges are not left inoperative and students' rights to pursue professional education are upheld.
Fact of the Case:
The petitioner sought relief against an advertisement by Bihar University of Health Sciences, Patna, under the Bihar University of Health Sciences Act, 2021, which required Non Government Medical Colleges and other health science institutions to seek affiliation with the University. The petitioner argued that the Act had become unworkable due to the failure to frame statutes and regulations.
Finding of the Court:
The court found that the Act had come into force, but the State Government and the University had failed to frame rules and regulations, causing delay in approaching the court. The court emphasized the importance of the right to education and directed the University and the State Government to enact and publish statute and regulation within 30 days, hold entrance examination within 15 days after publication, and follow the academic schedule prescribed by the Indian Nursing Council.
Issues: The main issue was the unworkability of the Bihar University of Health Sciences Act, 2021 due to the absence of framed statutes and regulations, leading to a delay in the affiliation process for health science institutions.
Ratio Decidendi: The court held that the State's failure to frame statutes and regulations as required by the Act rendered it unworkable. It emphasized the importance of the right to education and directed the University and the State Government to take immediate action to ensure the smooth functioning of health science institutions and uphold students' rights to pursue professional education.
Final Decision: The court directed the newly established University and the State Government to enact and publish statute and regulation within 30 days, hold entrance examination within 15 days after publication, and follow the academic schedule prescribed by the Indian Nursing Council. The modified schedule allowed for the entrance test to be conducted within 45 days, ensuring that colleges are not left inoperative and students' rights to pursue professional education are upheld.
JUDGMENT :
Heard Mr. Mrigank Mauli, learned Senior Counsel assisted by Ms. Kalpana, learned counsel appearing on behalf of the petitioner and Mr. S.D. Yadav, learned AAG-9 assisted by Mr. Anil Kumar Verma, learned AC to learned AAG-9 for the respondent/s.
2. The present writ petition has been filed for following reliefs :
“(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the important notice dated 27.04.2023 issued by the concerned authorities under Bihar University of Health Sciences, Patna (hereinafter referred to as “the University”), by which purpotedly in furtherance of the provisions contained under the Bihar University of Health Sciences Act, 2021, all the Non Government Medical Colleges, Dental Colleges, Pharmacy Institutions, Ayush, Nursing and Para Medical and other institutions relating to the field of health sciences, which are self financed situated in the State of Bihar and run by Societies Trust have been directed to submit applications forms for grant of affiliation from the University and accordingly, instructions have been issued for the purposes of making payment of the requisite fees for such purpose by 31/05/2023;
(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the University and also the Health Department of the State Government to allow such Non Government Medical Colleges, Dental Colleges, Pharmacy Institutions, Ayush, Nursing and Para Medical and other institutions situated in the State of Bihar to continue with their affiliations with the universities from which they are affiliated at the present and accordingly, allow such institutions to function in accordance with law and also to allow admission and examination of students admitted in such institutions in accordance with law;
(iii) Issuance of a declaration holding that in absence of statutes and regulations having been framed in furtherance of the provisions contained under Bihar University of Health Sciences Act, 2021, the instructions contained under the important notice dated 27/04/2023 are completely misconceived and unenforceable in the eyes of law;
(iv) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case.”
3. Learned counsel appearing on behalf of the petitioner is aggrieved by an advertisement issued by Bihar University of Health Sciences, Patna (hereinafter referred to as ‘the University’) which was established as per the provision of the Bihar University of Health Sciences Act, 2021 (hereinafter referred to as the ‘Act’). The said Act was published in gazette notification being Bihar Act 19 of 2021 and came into effect from 09.08.2021. Pursuant to the said provision of the Act, the University came out with an advertisement dated 27.04.2023 published in newspaper inviting application from all the Non Government Medical Colleges, Dental Colleges, Pharmacy Institutions, Ayush, Nursing and Para Medical and other institutions relating to the Health Sciences. All these institutions are self financed situated in the State of Bihar and run by the Societies, Trusts and are presently affiliated with the Aryabhatt Knowledge University, Bihar.
4. Mr. Mrigank Mauli, learned senior counsel appearing on behalf of the petitioner submitted that even after enactment of the Bihar University of Health Sciences Act, 2021 and its coming into force from 09.08.2021, the State Government as well as the University has failed to frame statute, regulations and rules as per the provisions of the Act and as such the Act has become unworkable. He submitted that the institutions being member of the Association have made huge investment on infrastructure and faculty and are running on their own expenses after generating internal finances will be put at great loss if the fresh students are not allowed to take admission. He further submitted that Indian Nursing Council has publi
