IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.953 of 2010 1. NITISHWAR PRASAD SINGH S/O LATE THAKUR HIRA SINGH R/O RAJ PALACE, ROAD NO. 3, JURAN CHAPRA, P.S. BRAHAMPURA, DISTT.- MUZAFFARPUR, AT PRESENT SECRETARY, RAJ AM TRAINING SCHOOL, BAWAN BIGHA, KANHAULI, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPTT. OF HEALTH, MEDICAL EDUCATION & FAMILY WELFARE, VIKAS BHAWAN, PATNA 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 3. DEPUTY DIRECTOR (TRAINING), HEALTH SERVICES, BIHAR, PATNA 4. BIHAR NURSES REGISTRATION COUNCIL, VIKAS BHAWAN, PATNA THROUGH ITS PRESIDENT 5. REGISTRAR, BIHAR NURSES REGISTRATION COUNCIL, VIKAS BHAWAN, PATNA 6. INDIAN NURSING COUNCIL, COMBINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110002 THROUGH ITS SECRETARY ----------- For the Petitioner : Dr. Amarnath Singh, Advocate For respondent No. 6: Mr. S.K.Sharma, Advocate For the State : Mr. Sunil Kumar Mandal, SC 15 Dr. Abdus Shakoor, AC to SC 15 For Respondents : Mr. J.P.Karn, Advocate ------- 3. 27.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State as also the Counsel for the Union of India. The petitioner is aggrieved by orders dated 27.1.2009 passed by the Indian Nursing Council as communicated by the State authorities vide letter dated 12.8.2009 reducing the intake capacity from 150 to 40. Learned Counsel submits that the impugned order has been passed by the Indian Nursing Council without notice to show cause as to why seats be not reduced and an opportunity to the petitioner to defend the same. Further more the order dated 27.1.2009 is completely non speaking and unreasoned inasmuch as it does not even state as to what deficiencies were allegedly found during inspection to reduce the intake capacity from 150 to 450. The voluminous counter affidavit filed on behalf of the Indian Nursing Council does not answer this simple issue raised on behalf of the petitioner. On the contrary it urges at para 3 that since the petitioner had applied for inspection with a view to grant of recognition it is precluded from raising any issues in pursuance of the inspection done and orders passed. The orders dated 27.1.2009 and 12.8.2009 are accordingly set aside. The Indian Nursing Council is directed to issue show cause notice to the petitioner upon basis of the inspection report available with it, provide an opportunity to the petitioner to meet the same and/or remove the deficiency, if any, and then pass a final order in accordance with law with regard to the permissible intake capacity. Let this order be complied with within a maximum period of three months from the date of receipt and/or presentation of a copy of this order before the Indian Nursing Council. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)