Tuesday, October 3, 2023

Patna High Court dismisses PIL filed for setting aside memo issued by Health Department

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The Patna High Court dismissed a Public Interest Litigation (PIL) filed for setting aside a Memo issued by the Health Department, Government of Bihar.

By the aforesaid notification dated 31.01.2023 , after constitution of the Bihar Health Services University, Patna directed all governmental/non-governmental organisations referred to therein to transfer the affiliation from Aryabhatt Knowledge University, Patna to Bihar Health Sciences University, Patna.

The petitioner alleged that the said transfer has been done without providing basic and adequate infrastructure, without a proper road map and also has a political colour.

There is, however, nothing stated further as to how these allegations can be sustained. It is also pertinent that the petitioner himself admits that the notification indicates that it is in pursuance of Clause 4 of the Bihar Health Sciences University Rules, 2021 by which all the health sciences education imparting institutes were directed to transfer their affiliation to the Bihar Health Sciences University, Patna.

The petitioner has not impleaded the Bihar Health Sciences University, Patna nor any of the governmental or non-governmental organisations, at least in a representative capacity.

In fact, if the institutes which have been directed to transfer their affiliation has a grievance, it is for them to approach the Court and in that circumstance the Court did not see any requirement for a Public Interest Litigation.

Above all the Division Bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy find that though the notification is said to have been issued under the rules, but for challenging the notification there is no challenge against the rule or the formation of the university.

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