, expressing the opinion that the State would take appropriate action and ensure that the minimum standards are maintained as also quality education imparted in the medical and paramedical institutions.){kind=link}
The Patna High Court closed a Public Interest Litigation (PIL), expressing the opinion that the State would take appropriate action and ensure that the minimum standards are maintained as also quality education imparted in the medical and paramedical institutions.
The petitioner, one Rajiv Kumar Shukla, seeks a high-level inquiry to find out the B.Sc. (N) Nursing Colleges/ANM Nursing Colleges running in the State of Bihar, carried on without fulfilling the required criteria as per the Guidelines and Minimum Requirements to establish Nursing Colleges in the State of Bihar.
Direction is also sought against the official respondents to take legal and punitive action against all such colleges found to have not fulfilled the minimum required criteria as per the Guidelines.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy noted that however, none of the colleges who are alleged to have not fulfilled the minimum required criteria, have been impleaded in the petition.
The petition has been filed without any research and only on assumed slackness in fulfilling the criteria. Further, the petitioner has attempted to implead the District Magistrates and Civil Surgeons of all 38 districts as respondent nos. 7 and 8.
“We are thoroughly dissatisfied with the manner in which the writ petition has been filed.”
From the counter affidavit of the State dated 22.12.2022, the Bench noted that the State and its authorities are aware of the functioning of certain colleges, which do not have the minimum criteria required.
It has been stated that the health authorities prudently involved the District Magistrates in the process of inspection of privately run medical educational institutions such as A.N.M. Schools, G.N.M. Institutions, B.Sc Nursing Colleges, Paramedical Institutions and Pharmacy Institutions, with the object and intent of enhancing the quality of such institutions, within the State of Bihar.
The Additional Chief Secretary, Health Department, by communication dated 08.02.2023 requested the District Magistrates to constitute different teams at their level, for conducting inspection of privately run medical and paramedical educational institutions.
Following up the communication dated 08.02.2022, reminders have also been issued, and 78 reports have been received out of a total of 152 nursing institutions existing within the State. In such circumstances, the Bench opined that the State is conscious of the allegations levelled and is taking up appropriate action.
The Bench further noted that a number of counter affidavits have been filed by the various District Magistrates and the Civil Surgeons, together.
However, the Court was not intending to monitor the exercise of weeding out those institutions which have not satisfied the minimum criteria for establishing such institutions. In any event, since an inquiry has been initiated, the Court finds no reason to further direct an investigation.