The Patna High Court has recently dismissed a Public Interest Litigation (PIL) that aimed to invalidate a memorandum issued by the Health Department of the Bihar Government.
The memorandum required all governmental and non-governmental organizations to transfer their affiliation from Aryabhatt Knowledge University to Bihar Health Sciences University.
While dismissing the writ petition, a division bench of Chief Justice K Vinod Chandran and Justice Rajiv Roy stated, “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 bench added.
The petitioner, Shambhu Nath Sikari, alleged that the transfer of affiliation was mandated without providing adequate infrastructure and a proper roadmap, and he suggested a political motive. However, the court noted the absence of any supporting details to substantiate these claims.
Significantly, the petitioner himself acknowledged that the notification was issued in accordance with Clause 4 of the Bihar Health Sciences University Rules, 2021, which directed all health sciences education imparting institutes to transfer their affiliation to Bihar Health Sciences University, Patna.
