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2025 Supreme(Online)(Pat) 1747

PATNA HIGH COURT
HONOURABLE MR. HARISH KUMAR, J
Balaji Nursing School – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Abhinav Srivastava, Sr. Advocate, Mr. Pushkar Bhardwaj, Advocate, Ms. Shreyashi Raj, Advocate
For the Respondents:Mr. P. K. Shahi, Advocate General, Mr. Mujtabaul Haque, GP- 12, Mr. Vasant Vikas, AC to GP- 12
For the BNRC:Mr. Awadhesh Kumar Pandit, Advocate
For the Resp. No. 3:Mr. Ansul, Sr. Advocate, Ms. Sakshi Bhatnagar, Advocate
For the Health Sciences:Mr. Ajay, Sr. Advocate, Mr. Sudhir Kumar, Advocate

Table of Content
1. identification of petitioners and their affiliations (Para 1 , 2 , 3 , 4 , 5 , 6)
2. challenge to the authority of bihar university (Para 7 , 8 , 9 , 10 , 11)
3. jurisdictional powers under the 2021 act (Para 12 , 13 , 14 , 15 , 16)
4. interpretation of conflicting statutes (Para 17 , 18 , 19 , 20 , 21)
5. dismissal of the petition and authority to conduct examinations (Para 30 , 31)

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

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