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2026 Supreme(Online)(Pat) 510

PATNA HIGH COURT
Prabhat Para Medical and Nursing College – Appellant
Versus
The State of Bihar – Respondent
CWJC-11630/2025



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11630 of 2025 ======================================================

Prabhat Para Medical and Nursing College Gokul Krishna Ashram Road, Subash Nagar, Purnia- 854301 governed under Harivansh Shushila Ravikant Sulekha Educational Trust Lakshmipur Chandi Asthan, Ward No.- 03, District- Madhepura, through its President Trustee namely Vijay Prabhat, aged about 33 years (Male), S/o Ravikant Verma resident of- Lakshmipur Chandi Asthan, Ward No.- 03, District- Madhepura.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Health Department, Govt. of Bihar, New Secretariat, Patna.

2. The Additional Chief Secretary, Health Department, Govt. of Bihar, New Secretariat, Patna.

3. The Director-in-Chief, Health Services, Govt. of Bihar, Patna.

4. The State Health Society, Bihar, Patna.

5. The Vice Chancellor, Bihar University of Health Sciences, Mithapur, Patna.

6. The Registrar, Bihar University of Health Sciences, Mithapur, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv. For the Respondent/s : Mrs. Archana Meenakshee, GP-6 Mr. Rana Veer Prawar, AC to GP-6 For Resp. No. 5-6 : Mr. Brajesh Verma, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 08-01-2026 Heard the parties.

2. The petitioner’s college through its President trustee has approached this Court seeking a direction upon the respondent concerned to constitute a committee and conduct the inspection of Prabhat Para Medical and Nursing College governed under “Harivansh Shushila Ravikant Sulekha Educational Trust”, in view of Rule 6 of Para Medical/Para Dental Educational (Permission for Establishment of Institution) Rule, 2005 (in short, “Rule, 2005”) and grant recognition after completion of necessary requirement, in view of the Notification of the Government of Bihar, Health Department, bearing No. 1029 (1) dated 31.12.2015.

3. Mr. Shashi Bhushan Singh, learned Advocate for the petitioner submitted that in terms with the Rules, 2005, the petitioner’s college has submitted his application in duly prescribed format vide Letter No. PPMNS – 02/23 dated 31.10.2023, with requisite fee of Rs. 50,000/- before the Secretary, Health Department, Government of Bihar, Patna to provide permission to establish new para medical college. Referring to Rule 6 of Rules, 2005, it is submitted that on receipt of the application form, the concerned respondent was obliged to complete the inspection within a period of three months. However, in the case at hand, more than three years have been lapsed and till date, neither the committee has been constituted nor inspection has been done and the fate of the college has been kept in lurch.

4. A counter affidavit has been filed on behalf of the respondent no. 1. It has been informed to this Court that for ensuring quality education in Private Para Medical Institutions/Para Dental Institutions in the State of Bihar, recently, it has been decided by the Health Department, Government of Bihar that the assessment and survey of quality teaching/training arrangement of the students of 86 Private Para Medical Institutions/Para Dental Institutions may be done through the Quality Council of India.

5. The Secretary, Health Department, Government of Bihar, Patna vide Departmental Letter No. 950 (1) dated 15.09.2025, has requested the Accreditation Officer, Quality Council of India to assess all 86 Private Para Medical Institutions/Para Dental Institutions. It has finally been informed to this Court that on account of the aforesaid ongoing quality assessment, the Health Department, Government of Bihar has decided to keep in abeyance, issuance of any NOC, to the Private Para Medical Institutions/Para Dental Institutions in Bihar.

6. This Court is apprised at the bar that the authorities of the State in the D

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