Patna High Court
Prabhat Para Medical and Nursing CollegeversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the Health Department must honor its statutory duty under Rule 6, 2005, and conduct the inspection within twelve weeks, notwithstanding the alleged abeyance due to QCI assessment.
Summary
The petitioner, Prabhat Para Medical and Nursing College, filed a writ petition seeking a direction to the Bihar Health Department to constitute a committee and inspect the college under Rule 6 of the Para Medical/Para Dental Educational (Permission for Establishment of Institution) Rules, 2005. The college had applied for permission on 31‑10‑2023 with the requisite fee, and the Rules require inspection within three months, but more than three years elapsed without any inspection. The respondents argued that the Quality Council of India (QCI) was conducting a statewide quality assessment and that the issuance of NOCs was kept in abeyance. The Court held that the abeyance argument could not override the statutory duty to inspect, especially since the QCI assessment was not in force at the time of the application. Citing laches on the part of the respondents, the Court directed the Additional Chief Secretary, Health Department, to consider the application and complete the inspection within twelve weeks. The writ petition was consequently disposed.
Issues considered
- Whether the Health Department is statutorily obligated to constitute a committee and inspect the college within three months as mandated by Rule 6 of the 2005 Rules.
- Whether the abeyance of NOC issuance due to the Quality Council of India's assessment lawfully suspends the Department's inspection duty.
- Whether the petitioner's claim of laches against the respondents warrants a mandatory inspection order.
Subjects
- para medical college
- inspection
- Rule 6
- delay
- writ petition
- administrative law
- laches
- Quality Council of India
- recognition
- health department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11630 of 2025
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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
Patna High Court CWJC No.11630 of 2025 dt.08-01-2026
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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
Patna High Court CWJC No.11630 of 2025 dt.08-01-2026
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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 Department of Health in identical matters
have informed this Court that the work of the assessment and
survey of quality teaching and training arrangement has already
been completed by the Quality Council of India and a report has
already been submitted.
7. In view of the aforesaid fact, the plea of the
concerned respondent that the issuance of any NOC to the
Private Para Medical Institutions/Para Dental Institutions in
Bihar is kept in abeyance is not acceptable. Moreover, the facts
of the case at hand is admitted to the extent that the petitioner’s
college has filed its application on 31.10.2023 itself, and at that
Patna High Court CWJC No.11630 of 2025 dt.08-01-2026
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point of time, there was no assessment and survey of quality
teaching and training was going on by the Quality Council of
India and thus, the concerned respondent authorities was
statutorily obliged to make necessary inspection of the College
concerned, preferably within a period of three months, as
mandated under Rule 6 of Rules, 2005, but the same has not
been done, for the reasons best known to the authorities.
8. For the laches on the part of the respondent
authorities, the petitioner cannot be compelled to suffer. Hence,
in view of the aforesaid fact, this Court directs the respondent
Additional Chief Secretary, Health Department, Government of
Bihar, Patna to consider the application of the petitioner dated
31.10.2023 and take appropriate action, in terms with Rules,
2005. It is expected that the final decision must be taken
preferably within a period of twelve weeks, from the date of
receipt/production of a copy of this order.
9. Accordingly, the writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.01.2026
Transmission Date NA
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