Patna High Court - Orders
National Institute Of Health Education ... vs The State Of Bihar & Ors on 24 January, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16553 of 2017
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National Institute Of Health Education And Research
... ... Petitioner/s
Versus
The State Of Bihar & Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dr. Anand Kumar
For the Respondent/s : Mr. JITENDRA KUMAR ROY NO-1 -SC13
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
5 24-01-2018Let a supplementary counter affidavit be filed on behalf of the Magadh University, Bodh Gaya, stating whether the University has any faculty of para-medical courses and whether the University has prescribed any syllabus for the para-medical course, namely, Bachelor of Physiotherapy, Bachelor of Medical Laboratory Technology and Bachelor of Radiography X-Ray Technology, with all bridge courses.
The University will be further required to state as to whether the institution, in question, was granted affiliation for conducting the said courses with due approval of the State Government, as contemplated under Section 21 (2) (d) of the Bihar State Universities Act.
The University will have to take specific stand as to whether the institution was justified in admitting students Patna High Court CWJC No.16553 of 2017(5) dt.24-01-2018 2/3 without affiliation granted by the University and duly approved by the State Government in terms of Section 21 (2) (d) of the Bihar State Universities Act.
Learned Counsel for the petitioner has not been able to satisfy this Court so far as to whether any syllabus has been prescribed by the University for the said courses or not. This Court will, in such circumstance, like to understand from the University as to when there was no syllabus prescribed by the University, how examinations in the said subjects could be held.
The basic question remains, which is reiterated, that whether an institution can allow admission in the absence of affiliation granted by the Examining Body with due approval as required under the Statutory provisions.
The petitioner will also be required to file a supplementary affidavit bringing on record the syllabus of the courses, in question, stating as to which body had approved the said syllabus for the courses. The petitioner will also be required to state as to whether the admissions were undertaken on the basis of any competitive examination held after due notice to the public.
Let a counter affidavit be filed on behalf of the Principal Patna High Court CWJC No.16553 of 2017(5) dt.24-01-2018 3/3 Secretary, Health Department, Government of Bihar, making the stand of the State clear in respect of these courses, since nothing specific is coming out from the pleadings already available on record.
List this case, under the same heading, on 31st January, 2018, by which date the affidavits must be filed.
(Chakradhari Sharan Singh, J) Prabhakar Anand/-
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