Patna High Court Dismisses PIL Against Memo For Transferring Affiliations Of Health Sciences Education Institutes To Bihar Health Sciences University

The Patna High Court has dismissed a Public Interest Litigation (PIL) seeking to set aside a memorandum issued by the Health Department of the Bihar Government requiring all governmental and non-governmental organizations to transfer their affiliation from Aryabhatt Knowledge University to Bihar Health Sciences University.

The petitioner, Shambhu Nath Sikari, alleged that the affiliation transfer was directed without providing basic and adequate infrastructure, lacking a proper roadmap, and suggested a political motive. However, the court noted the absence of any further details to support these claims.

Importantly, the petitioner himself acknowledged that the notification indicated 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.

While dismissing the writ petition, the division bench of Chief Justice K Vinod Chandran and Justice Rajiv Roy held, “The petitioner has not impleaded the Bihar Health Sciences University, Patna nor any of the governmental or non-governmental organizations, at least in a representative capacity. In fact, if the institutes which have been directed to transfer their affiliation have a grievance, it is for them to approach this Court and in that circumstance we do not see any requirement for a Public Interest Litigation.”

“Above all we 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,” the court added.

Case Title: Shambhu Nath Sikari vs. The State of Bihar and Ors Civil Writ Jurisdiction Case No.6579 of 2023

Appearance :

For the Petitioner/s: Mr. Prince Kumar Mishra, Advocate, Mr. Vikas Kumar Jha, Advocate

For the Respondent/s: Mr. P.K. Shahi, AG, Mr. Amit Kumar Singh, Advocate

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