The Bihar University of Health Sciences established under the Act, 2021 has the authority to grant affiliations and conduct examinations for nursing courses, superseding prior regulatory frameworks.

JUDGMENT

Date : 14-10-2025

Heard the parties.

2. The bunch of institutions represented through their office bearer have invoked the jurisdiction of this Court for the following reliefs:

“(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the letter dated 28/03/2024 issued by the concerned authorities under the Health Department of the State Government, by which it has been communicated that in respect of different courses, inter alia, including Auxiliary Nursing Midwifery/General Nursing Midwifery course, affiliation and examination related work would be carried out by Bihar Health Sciences University, Patna (hereinafter referred to as "the University");

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the University to refrain from carrying out the instructions contained under the important notice dated 28/10/2024 bearing memo no. 1404 in so far as same related to the nursing schools offering Auxiliary Nursing Midwifery/General Nursing Midwifery courses that have already been granted affiliation by Bihar Nurses Registration Council, Patna (hereinafter referred to as "the Council") for different academic sessions beyond 2023-24;

(iii) Issuance of a declaration holding that the petitioner institutes that have already been granted recognition/affiliation for offering Auxiliary Nursing Midwifery/General Nursing Midwifery courses for different academic sessions beyond 2023-24/2024-24 are not obliged in law to act in furtherance of the instructions contained under the important notice dated 28/10/2024 bearing memo no. 1404 and as such, they are not required to apply fresh for affiliation/extension before the University;

(iv) Issuance of a declaration holding that in view of the fact that the petitioner institutes have been granted recognition/affiliation by the Council strictly in accordance with the provisions contained under the Indian Nursing Council Act and Nurses Training (Recognition, Affiliation and Conduct of Examination of School of Nursing) Rules. 1997 (hereinafter referred to as "the 1997 Rules"), the examination of Auxiliary Nursing Midwifery/General Nursing Midwifery courses being offered by the petitioner institutes be conducted by the Council in accordance with the said 1997 Rules;

(v) Any other relief that the petitioners may be found to be entitled to in the facts and circumstances of the present case.”

3. Learned Senior Advocate Mr. Abhinav Srivastava while pressing the present application highlighted the prescription of the relevant Act and Rules and submitted that the Bihar and Orissa Nurses Registration Act , 1935 laid down the provision for registration and better training of Nurses, Health Visitors, Midwives and dais in the State of Bihar; Section 3 of the said Act lays down the provision for Constitution of Bihar Nurses Registration Council. Section 10 of 1935 Act laid down the provision with respect to registration of Nurses, Health Visitors, Midwives, Trained Dais and Dais, subject to the conditions prescribed under the said provision, whereas Section 17 of the said Act provides that the State Government may, after previous publication, formulate Rules to carry out the purposes of this Act. While Bihar Nursing Registration Council had been incorporated and was in existence, the Indian Nursing Council Act , 1947 was enacted prescribing the provisions with respect to constitution of Indian Nursing Council and other matters connected there with. of the Act 1947 laid down the provision wi