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2025 Supreme(Online)(Pat) 1746
PATNA HIGH COURT
HARISH KUMAR, J
The Aditya Integrated Education and Social Development Trust – Appellant
Versus
The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna – Respondent
Civil Writ Jurisdiction Case No.11464 of 2024 | Civil Writ Jurisdiction Case No. 4610 of 2025
For the Appellants/Petitioners: Mr. Binit Kumar, Mr. Amit Shrivastava, Mr. Ritesh Kumar
For the Respondents: Mr. P. K. Shahi, Mr. Ajay, Mr. Sudhir Kumar, Mr. Parul Prasad, Mr. Aditya Anand, Mr. Awadhesh Kumar Pandit
The Bihar University of Health Sciences has jurisdiction to grant affiliation and conduct examinations for diploma courses under the Act, clarifying the authority over educational institutions in the health sciences sector.
Headnote:(A) Bihar University of Health Sciences Act, 2021 - Sections 2(xi), 4, and 6 - Jurisdiction of University to grant affiliation - Petitioners were denied affiliation for diploma courses (D. Pharm, A.N.M.) citing Act's jurisdiction limited to Bachelor and higher degrees - Court held University has authority over all professional education institutions, confirming ability to grant affiliation and conduct examinations for D. Pharm courses. (Paras 10, 36)
(B) Statutory Interpretation - Courts must interpret and harmonize statutes in line with legislative intent to avoid reducing them to futility - Statutes must support justice and fair play outcomes. (Paras 20, 23)
(C) Educational Recognition - Court reinforced that State Government has power to grant recognition for nursing and pharmacy courses, overruling any contrary claims by other bodies. (Paras 34, 35)
Facts of the case:
Two writ petitions concerning the authority of Bihar University of Health Sciences to grant affiliation and conduct examinations for diploma courses in nursing and pharmacy. Petitioners argue the University lacks the jurisdiction as per Act, 2021.
Findings of Court:
Court affirmed the University's authority to grant affiliations for D. Pharm courses and conduct examinations, dismissing the petitions for lack of merit.
Issues: The main issue was whether the University has jurisdiction to grant affiliation for diploma courses and conduct their examinations under the Act, 2021.
Ratio Decidendi: The court found the University has broad authority over all professional education institutions and can conduct examinations for diploma courses contrary to petitioners' assertions.
Result: Both writ petitions dismissed.
| Table of Content |
|---|
| 1. challenge to affiliation requirement by nursing and pharmacy institutions. (Para 3 , 4 , 5 , 6) |
| 2. arguments against university's jurisdiction over diploma courses. (Para 7 , 10 , 11 , 12 , 13 , 14) |
| 3. state's legal position and authority of the university established under act 2021. (Para 15 , 16 , 17) |
| 4. interpretation and application of statutory provisions of act 2021. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. university's jurisdiction over institutions in health sciences education. (Para 26 , 27 , 28 , 29) |
| 6. affirmation of university's authority based on state government's notifications. (Para 32 , 33 , 34 , 35) |
| 7. court's final rulings and directives concerning examinations and student rights. (Para 36 , 37 , 38) |
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 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 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 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
