Hirdu Chaudhary Memorial Charitable Trust vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14187 of 2024
======================================================
Hirdu Chaudhary Memorial Charitable Trust having its office at Jagdamba
Estate Cinema Road, Anwarpur, Hajipur, P.S.- Hajipur, District- Vaishali, Pin-
844101 through its Chairman, Shri Pratik Prakash, Male, aged about 43 years,
son of Shri Gopal Prasad Chaudhary, resident of Jagdamba Estate Cinema
Road, Anwarpur, Hajipur, P.S.-Hajipur, District- Vaishali, Pin- 844101.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Bihar, Patna.
2. Director in Chief, Directorate of Health Service, Bihar, Patna.
3. Registrar, Bihar Nurses Registration Council, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Sr. Advocate
Md. Tauseef Waquar, Advocate
Mr. Akshat Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (4)
For the BNRC : Mr. Awadhesh Kumar Pandit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 20-07-2026
Heard Mr. Abhinav Srivastava, learned Senior
Advocate on behalf of the petitioner and learned Advocate for
the State as well as learned Advocate for Bihar Nurses
Registration Council.
2. The grievance of the petitioner is in limited
bound to the extent of inaction of the State authorities in not
extending recognition in favour of the petitioner’s institution for
conducting B.Sc. Nursing Course for starting B.Sc Nursing
Course.
3. From the materials available on record, it is

Patna High Court CWJC No.14187 of 2024 dt.20-07-2026
2/5
imperative that on the basis of application having been
submitted on behalf of the petitioner’s institution the authorities
under the Director in Chief, Directorate of Health Services,
Bihar, Patna instructed the authorities of the District of Vaishali
to carry out necessary inspection with respect to the fulfillment
of requirements, for granting permission for offering B.Sc.
Nursing course.
4. On 17.06.2023, No Objection Certificate was
issued with a clear stipulation that the institute, in question,
fulfilling all the requirement for offering B.Sc. Nursing course.
The report was sent to the Director in Chief, Directorate of
Health Services, Bihar, Patna for necessary action on
10.08.2023 and accordingly the permission was granted to start
B.Sc. Nursing Course at the college, subject to the conditions
that the institute will maintain the standard and other terms and
conditions indicated therein. In the light of the aforesaid letter,
the petitioner also submitted an application with a request to
extend permission for inspection of the institute and also
deposited necessary fee, as prescribed. The inspection was also
conducted and recommendation has been made in favor of the
petitioner’s institution on 01.03.2024 for starting B.Sc. Nursing
course.

Patna High Court CWJC No.14187 of 2024 dt.20-07-2026
3/5
5. Notwithstanding the aforesaid fact, the matter of
recognition remained pending with the State authorities which
compelled the petitioner to approach this Court by filing the
present writ petition. Despite repeated direction of this Court on
17.04.2025, 30.04.2026 and lastly on 25.06.2026, till date no
counter affidavit has been filed by the State apprising the Court
with regard to the claim raised by the petitioner.
6. A supplementary affidavit has been filed on
behalf of the petitioner and this Court is apprised that in
furtherance of the instructions issued by the concerned
authorities under the Health Department, Government of Bihar
and also on the basis of inspection having been carried out, as
also recommendation has already been made for allowing
permission for the college for intake capacity of 60 students for
starting B.Sc. Nursing course. Again a meeting was convened in
the month of March, 2026 and the petitioner’s institution was
directed to upload the documents pertaining to the college on
the portal of the Department. In furtherance thereof, the
petitioner’s institution uploaded all the documents and the
necessary information. On receipt of such information, a fresh
inspection of the college was carried on 25.03.2026 by a team
duly constituted by the Director in Chief (Nursing Health

Patna High Court CWJC No.14187 of 2024 dt.20-07-2026
4/5
Department).
7. The petitioner, on instruction, submitted that this
time again the recommendation was made in favour of the
petitioner’s institution to start B.Sc. Nursing course with an
intake of 60 students but no action has been taken till date.
8. By referring to Annexure P/12 Series, learned
Senior Advocate further submitted that different orders in
respect of different institution has been issued offering B.Sc.
Nursing/A.N.M./G.N.M. with an intake of prescribed number of
students but no decision has been taken in respect to the
petitioner’s institution till date. The matter is pending for more
than three years before the State Government and due to which
the petitioner’s institution and the students had suffered two
academic sessions.
9. Learned Advocate for the State prays for another
adjournment.
10. This Court laments the conduct of the
authorities of the State Government and pained to see that the
thrice opportunities were extended to the State respondents to
ensure filing of the counter affidavit, but the same has not been
done, besides sitting over the matter regarding grant of
recognition to the petitioner’s institution for the last three years.

Patna High Court CWJC No.14187 of 2024 dt.20-07-2026
5/5
11. Considering the materials available on record
as well as the submissions advanced by the learned Advocate for
the respective parties, this Court directs the respondent no. 2 to
take appropriate decision in matter of recognition of the
petitioner's institution, in the light of the inspection report and
the recommendation made in favour of the institution preferably
within a period of three weeks from today.
12. In case of any failure to adhere with the time
stipulated herein above which may lead to suffering of another
academic session of the institution/ student, appropriate order
shall be passed against the erring officials.
13. With the aforesaid direction, the present writ
petitioner stands disposed.

(Harish Kumar, J)
siddharth/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.07.2026
Transmission Date NA