The Patna High Court dismissed three writ applications petitioning for control over a nursing institution. The Court held that since recognition has expired and a dispute exists between parties, the matter should be decided by a Civil Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12729 of 2013
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.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.13598 of 2013
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.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.22253 of 2012
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Patna High Court CWJC No.12729 of 2013 (12) dt.28-01-2014
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And P.S. Tekari, District - Gaya
.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 3. The Director-In-Chief, Health Services, Bihar, Directorate, New Secretariat, Patna 4. The Director, Health Services, Directorate, New Secretariat, Patna 5. The Secretary, Indian Nursing Council, Combined Councils Building, Kotla Road, Temple Lane, New Delhi 6. The Registrar, Bihar Nurses Registration Council, Vikash Bhawan, New Secretariat, Patna .... .... Respondent/s ====================================================== Appearance : (In CWJC No.12729 of 2013) For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Lala S.N.Rai, AC to GP 6 Mr S. N. Pathak, Sr SCCG Mr Md. Anis Akhtar, CGC (In CWJC No.13598 of 2013) For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Brisketu Sharan Pandey, AC to AAG 7 Mr S. N. Pathak, Sr SCCG Mr Md. Anis Akhtar, CGC (In CWJC No.22253 of 2012) For the Petitioner/s : Mr. Shailesh Kumar For the Respondent/s : Mr. Ajay Bihari Sinha, SC19 Mr S.N.Pathak, Sr SCCG Mr Md. Anis Akhtar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
12 28-01-2014 All the writ applications are dismissed with liberty to the petitioners to approach a Civil Court of competent jurisdiction for a declaration as to who represents the society in question because there is a dispute between the private respondent as well as the petitioners trying to get control over the body as well as so-called nursing institution, which has been given temporary recognition.
Patna High Court CWJC No.12729 of 2013 (12) dt.28-01-2014
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From a re-look at Annexure- 15, which is under challenge, it is evident that even the period of recognition of the institution is long over, therefore, the order under challenge is not required to be interfered or gone into.
It is also made clear to the Nurses Registration Council, the State of Bihar and such other regulatory authority not to deal with the institution till a declaration by the Civil Court of competent jurisdiction is given or procured by either of the parties of CWJC No.13598 of 2013.
All the writ applications, therefore, stand dismissed with the liberty as above.
(Ajay Kumar Tripathi, J)
sk
1 issue framed by the court
Whether the writ applications regarding control over a nursing institution with temporary recognition should be dismissed due to a private dispute.
Nirmala Kumari
Umda Kumari
Umesh Kumar Singh
The State Of Bihar
Suryadeo Singh
Dr. Binay Kumar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
