Petitioner sought direction to establish new para-medical institutions in Bihar. The Court held that establishment is a policy decision, doubted petitioner's bona fides, dismissed the writ petition in limine.
The writ petition is dismissed in limine.
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.497 of 2023
======================================================
Indra Dev Kuvar S/o Ram Narayan Kuvar, R/o Ward No.- 09, Mahadeo Math, P.S.- Andhra Math, Madhubani Bihar- 847452.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate Mr.Suman Kumar, Advocate For the Respondent/s : Mr.S.D. Yadav, AAG 9 ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-04-2023
The petitioner herein highlights the lack of trained para-medical personnel in the State of Bihar and prays for establishment of new para-medical institutions in the State. The petitioner would contend that the Government is duty bound to take immediate steps for establishing such new institutions to bridge the gap between the demand and supply of para-medical personnel as also facilitate the establishment of private institutions and expeditiously entertain and dispose of
Patna High Court CWJC No.497 of 2023 dt.04-04-2023 2/2
applications filed for recognition.
We are not impressed with the arguments of the learned counsel especially since establishment of para-medical institutions is a policy decision and in any event, establishment of such institutions is not the only measure by which the gap between the demand and supply of the para-medical staff can be reduced. The Government has to weigh the balancing considerations and we find no reason to exercise our extraordinary jurisdiction in the above matter.
We have also our own doubts about the bona fides of the petitioner especially when the reliefs sought are in the nature of entertainment and disposal of the applications for recognition, filed by the private bodies.
We find no reason to entertain the above writ petition, which is dismissed in limine.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
Sujit/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | |
| Uploading Date | 06.04.2023 |
| Transmission Date |
3 issues framed by the court
Whether the High Court can exercise extraordinary jurisdiction to direct the State Government to establish new para-medical institutions to bridge the demand-supply gap.
Whether the petitioner has bona fides in seeking relief related to the entertainment and disposal of private applications for recognition of para-medical institutions.
Whether establishment of para-medical institutions is a policy decision beyond the scope of judicial intervention.
Indra Dev Kuvar
The State of Bihar through the Chief Secretary, Government of Bihar, Patna
The Additional Principal Secretary, Department of Health, Government of Bihar, Patna
The Secretary, Department of Health, Government of Bihar, Patna
The Special Secretary, Department of Health, Government of Bihar, Patna
The Chief Justice
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
