Patna High Court’s big decision: Bihar Health Sciences University gets nursing exam rights and affiliation rights – Patna High Court Bihar Health Sciences University gets nursing exam rights

Legal Correspondent, Jagran, Patna. The Patna High Court dismissed the petitions filed by several private nursing institutions of the state challenging the government order granting affiliation and examination rights for ANM and GNM courses to Bihar University of Health Sciences. A single bench of Justice Harish Kumar, in his detailed order, said that the university under the Bihar Health Sciences University Act, 2021 has the statutory authority to conduct examinations and grant affiliation to all institutions related to health sciences in the entire state. The Court said that this Act will have effect on all the preceding rules as it was brought specifically with the aim of bringing uniformity in health education and ensuring quality training. Senior advocate Abhinav Srivastava argued on behalf of the petitioner institutions that Bihar Nurses Registration Board is the authorized body for affiliation and examination of nursing courses. He also said that Bihar University of Health Sciences is not mentioned in the schedule of Indian Council of Nursing Act, 1947 and therefore this university cannot conduct the examination. On behalf of the state, advocate general PK Shahi opposed this and said that after the implementation of the University Act, all nursing, paramedical, dental, pharmacy and allied health courses will be under the university. Referring to the Supreme Court cases of Nutan Kumari Vs. State of Bihar and Karnataka State Association of Nursing Institutes Vs. Indian Nursing Council, he said that the Indian Nursing Council does not have the right to recognize the ANM course, this right rests with the state government. The Court in its decision clarified that the jurisdiction of the University will extend to the whole of Bihar and that it is the competent institution for examination and affiliation of nursing courses. The court also ordered that no student will be deprived of the examination due to pending petition. Dismissing the petition calling it without any basis, the court said that the state government should complete the examination process within the stipulated time limit in the interest of the students.