IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3998 of 2010
Vijay Kumar & Anr
Versus
The State Of Bihar & Ors
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6. 18.10.2011. Mr. Madan Prasad Singh, learned counsel
appearing on behalf of the petitioners, Mr.
Bijay Kumar, learned Assisting Counsel to
S.C.2 for the State and learned counsel
representing the Bihar Nurses Registration
Council, Patna are present.
A counter affidavit has been filed on
behalf of the Council and in which an
objection has been taken as regarding the
eligibility of the petitioners for being
registered by the Council.
Despite several adjournments, no counter
affidavit has been filed on behalf of the
respondent no.2 the Principal Secretary,
Health and Family Welfare Department.
As already observed by this court,
considering the apathy of the students
obtaining qualification of Auxiliary Nurses
and Midwifery after passing the examination
conducted by the Bihar School Examination
Board, Bihar, Patna, the Principal Secretary,
Human Resources Department had recommended
2
their cases before the Principal Secretary,
Health and Family Welfare department for their
registration under the Bihar Nurses
Registration Council, so that they may get
benefit of employment under the State. The
recommendation was made as back on 21.11.2007.
The writ petition was filed on 5.3.2010
enclosing the said recommendation and despite
pendency of the proceedings for more than one
and half years, the respondent no.2 the
Principal Secretary, Health and Family Welfare
Department has not chosen to file its response
thereto.
In the circumstances, this court has no
other option but to proceed on the materials
available on the records of the proceedings.
By way of last indulgence, the matter is
posted for hearing and final disposal at the
stage of admission on 8.11.2011 retaining its
position.
The respondent no.2 Principal Secretary,
Health and Family Welfare Department, Bihar,
Patna, if so desires, may file his counter
affidavit by that time.
ahk
(Jyoti Saran, J.)