IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1500 of 2011 In Civil Writ Jurisdiction Case No. 8413 of 2011 ====================================================== Sujata Kumari, D/o Shri Shatrughan Prasad, W/O Shri Ajay Kumar. R/O Village- Ugenbigha, P.O.- Kaba, P.S.- Hilsa, District- Nalanda .... .... Appellant/s Versus 1. The State of Bihar 2. Director-In-Chief, Health Services, Bihar, Patna 3. Bihar Nurses Registration Council, Vikas Bhawan, Patna through its President 4. Registrar, Bihar Nurses Registration Council, Vikas Bhawan, Patna 5. Director (Administration), Indo-Hiroshima Institute of Nursing, Saguna More, Danapur Cantt., Patna-801503 6. Dr. R.R. Kanaujia, President, Indo-Hiroshima Institute of Nursing, Saguna More, Danapur Cantt., Patna-801503 7. Principal, Indo-Hiroshima Institute of Nursing, Saguna More, Danapur Cantt., Patna-801503 .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mrs. Meera Singh, Advocate. For the Respondent Nos. 1 & 2: Mr. Indrajit Singh, A.C. to S.C. 6 For the respondent nos. 3 & 4 : Mr. Sudhir Singh, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 19-10-2011 Feeling aggrieved by the order dated 19th May 2011 made by the learned single Judge in above CWJC No. 8413 of 2011, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The matter at dispute is admission of the appellant to Patna High Court LPA No.1500 of 2011 (2) dt.19-10-2011 2 / 2 2 the nursing course conducted by the respondent –Indo-Hiroshima Institute of Nursing, Danapur Cantonment, Patna. The learned single Judge has rejected the writ petition on the premise that the aforesaid Institute is not a State within the meaning of Article 12 of the Constitution and is not amenable to the writ jurisdiction of the Court. Therefore, the present Appeal. It is the case of the appellant that the aforesaid Institute is registered with the Bihar Nurses Registration Council and is recognized by the State of Bihar. A mere recognition by the State Government or registration with the Nursing Council will not make the Institute an instrumentality of the State and will not make it amenable to the writ jurisdiction of the High Court. The view expressed by the learned single Judge is supported by the judgment of the Constitutional Bench of the Hon’ble Supreme Court in the matter of Unni Krishnan J.P. & Others Vs. State of Andhara Pradesh [AIR 1993 Supreme Court 2178]. No case for interference is made out. Appeal is dismissed in limine. Sujit/Anjani (R.M. Doshit, CJ) (Birendra Prasad Verma, J)