Affiliation Transfer of Health Sciences Institutes Upheld

The Patna High Court in the case Shambhu Nath Sikari vs. The State of Bihar and Ors observed and has dismissed the Public Interest Litigation, PIL wherein seeking to set aside a memorandum issued by the Health Department of the Bihar Government which require all the governmental and the non-governmental organizations in order to transfer their affiliation from Aryabhatt Knowledge University to the Bihar Health Sciences University.
In the present case, the petitioner named Shambhu Nath Sikari, wherein it is alleged that the affiliation transfer was directed without providing basic and adequate infrastructure, it lacks the proper roadmap, and suggested a political motive.
It has also been noted by the said court that the absence of any further details to support these claims.
The petitioner in the case himself acknowledged that the notification indicated that it being pursuance of Clause 4 of the Bihar Health Sciences University Rules, 2021 by which it has been directed to the health sciences education imparting institutes for transferring their affiliation to the Bihar Health Sciences University, Patna.
The Division bench comprising of Chief Justice K Vinod Chandran and Justice Rajiv Roy in the case observed and has held that the petitioner has not impleaded the Bihar Health Sciences University, Patna nor any of the governmental or the non-governmental organizations, thus, at least in the representative capacity. Therefore, it has also been directed to the institute in order to transfer their affiliation have a grievance, it is for them to approach the said Court and in that circumstance, this court do not see any requirement for a Public Interest Litigation.
Adding to it, the court stated that the notification is said to have been issued under the rules, but for challenging the notification there being no change against the rule or the formation of the university. The counsel, Advocate Mr. Prince Kumar Mishra, Advocate, Mr. Vikas Kumar Jha appeared for the petitioner. The counsel, Advocate Mr. P.K. Shahi, AG, Advocate Mr. Amit Kumar Singh represented the respondent.