Court directed authorities to take final decision on Nursing School recognitions within stipulated timeframe per existing laws.

ORAL JUDGMENT

Date : 16-12-2025 Heard the learned Senior Advocate/Advocate appearing on behalf of the respective parties.

2. Considering the identical issue involved in both the writ petitions, they are being heard together with the consent of the parties and disposed of by this common judgment.

3. For the convenience, the brief facts of the case are being separately mentioned hereunder:

Reg. C.W.J.C. N. 18568 of 2024

4. The petitioner, a Nursing School, invoked the jurisdiction of this Court through its Secretary, on being aggrieved with the order passed by the respondent Additional Chief Secretary, Health Department, Government of Bihar, as contained in Memo No. 1390(6) dated 22.10.2024 whereby the prayer of the petitioner to grant affiliation/recognition for conducting General Nursing and Midwifery (GNM) course came to be turned down on the ground that as per the State Policy granting Affiliation/Recognition to the private Nursing Schools has been withheld for the reason that previously running private nursing schools are under inspection of their imparting quality education. The petitioner further seeking a direction upon the respondents to issue necessary order of recognition to the petitioner's institution in the light of the recommendation made by the respondent no.5 under letter dated 31.01.2018 for grant of recognition to the petitioner's institution for conducting GNM course.

5. The Nursing School, in question, was established for conducting General Nursing and Midwifery course, seeking grant of permission and recognition to impart said course, the Secretary of the School had filed an application. On being satisfied the School was granted permission by respondent no.3 for starting GNM Course under Memo No. 410(6) dated 24.05.2018 in terms with the Nurses Training - Recognition, Affiliation and Conduct of Examination of School of Nursing Rules , 1997 (hereinafter referred to as 'the Rules, 1997'). The school was inspected by a duly constituted inspection team and after thorough verification of the record and the physical inspection of the school, recommendation has been made for conducting GNM courses for the Academic Session 2019-20. However, the Under Secretary of the Health Department, Government of Bihar sought an explanation with regard to certain discrepancies/deficiencies, the same was immediately removed and a report in this regard was also submitted, however, the concerned respondents did not take any decision, which led to filing of C.W.J.C. No. 19359 of 2019. The said writ petition came to be disposed of with a liberty to petitioner to approach before the authority concerned. The request of the petitioner was refused, which led to another round of litigation in C.W.J.C. No. 571 of 2022. The order rejecting the claim of the petitioner for grant of affiliation to the aforesaid Nursing School was set aside vide order dated 12.09.2024 with a direction to respondent no. 4 to pass a reasoned and speaking order.

6. This time again the authorities concerned has come out with the impugned order dated 22.10.2024 and refused to grant affiliation to the petitioner's School on the ground that the entire process of granting affiliation/recognition to the Private Nursing Schools have been withheld for the reason that the Survey/enquiry work of earlier running Nursing Institutions are being carried out through the Quality Council of India. In the aforesaid premise, the present writ petition ca