Patna High Court

BiharversusVijay Achari

Decided: 17 February 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The Letters Patent Appeal is disposed, and the writ petition is to be placed before the assigned bench for an early decision as per the Supreme Court’s direction.

Summary

The State of Bihar appealed a Patna High Court order that stayed the operation of Annexure‑P/8 issued by the Principal of Patna Medical College. The Single Judge had stayed the order on the basis of an interim application and directed the State to file a counter‑affidavit. The Supreme Court, in Special Leave to Appeal (C) No(s). 3068 of 2026, ordered the Single Judge to expedite a decision on the writ petition. Relying on that direction, the High Court disposed of the Letters Patent Appeal, directing that the writ petition be placed before the assigned bench for an early decision. The appeal was therefore closed without substantive alteration of the lower court’s order.

Issues considered

Whether the High Court should direct the Single Judge to comply with the Supreme Court’s order to expedite the writ petition.
Whether the stay order of the Single Judge should be maintained pending the Supreme Court’s direction.

Subjects

Letters Patent Appeal
stay order
Supreme Court direction
expedited decision
writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1118 of 2025
                                          In
                    Civil Writ Jurisdiction Case No.16683 of 2025
     ======================================================
1.    The State of Bihar through Secretary, Department of Health Department,
      Govt. of Bihar, Patna.
2.   The Secretary, Department of Health Department, Govt. of Bihar, Patna.
3.   The O.S.D., Department of Health Department, Govt. of Bihar, Patna.
4.   The Executive Director, State Health Society, Bihar, Patna.
5.   The Principal, Patna Medical College and Hospital, Patna

                                                                   ... ... Appellant/s
                                      Versus
1.   Vijay Achari, Son of Late Dr. Govind Achari, R/o-21-D, Road No. 10, Near
     Sushma Apartment, Rajendra Nagar, Manoharpur Kachhuara, P.O.
     Kadamkuan, P.S. Kadamkuan, District-Patna-800016.
2.   The Registrar, Bihar Council of Mecial Registration, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Chandra Shekhar Singh (AC to GA- X)
     For the Respondent/s   :      Mr. Deo Prakash Singh, Advocate
                                   Mr. Pankaj Kumar, Advocate
                                   Ms. Nishu Kumari, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 17-02-2026

                     This Letters Patent Appeal has been preferred by

      the State of Bihar challenging the order dated 15.10.2025 passed

      by the learned Single Judge in CWJC No. 16683 of 2025,

      wherein the learned Single Judge has stayed the operation of

      Annexure-P/8 vide Letter No. 7489 dated 26.09.2025, issued by

      the Principal, Patna Medical College and Hospital and posted
Patna High Court L.P.A No.1118 of 2025 dt.17-02-2026
                                             2/3




         the case on 11.12.2025, besides the State is further directed to

         file para-wise counter affidavit.

                          2. Learned counsel for the State has produced the

         order dated 27.01.2026 of the Hon’ble Supreme Court passed in

         Special Leave to Appeal (C) No(s). 3068 of 2026. On perusal

         thereof, it appears that when the matter is taken up on

         23.12.2025, this Court passed the order on three interim

         applications, i.e. I.A. No. 02 of 2025 in which the delay of five

         days was condoned; I.A. No. 01 of 2025 in which it was held

         that there is an error in the interim order passed and accordingly

         the order dated 15.10.2025 was stayed. Further in the Letters

         Patent Appeal, the private-respondent was directed to file a

         counter affidavit within a period of two weeks.

                          3. The Hon’ble Supreme Court vide order dated

         27.01.2026, while disposing the Special Leave Petition,

         requested the learned Single Judge in seisin of the writ petition

         to expedite a decision on it, in accordance with law.

                          4. Learned counsel for the State submits that in

         view of such order passed by the Hon’ble Supreme Court, the

         learned Single Judge may be asked to do the needful in terms of

         the order of the Supreme Court.

                          5. In view of such submission, the present Letters
             Patna High Court L.P.A No.1118 of 2025 dt.17-02-2026
                                                          3/3




                      Patent Appeal is disposed of and the matter be placed before the

                      assigned Bench to decide the C.W.JC. No. 16683 of 2025 at an

                      earliest, as observed by the Hon’ble Supreme Court.




                                              (Sangam Kumar Sahoo, CJ)


                                                    (Harish Kumar, J)
uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.02.2026
Transmission Date       NA

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