Patna High Court – Orders
Madhubani Medical College vs The State Of Bihar on 5 August, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12651 of 2025
======================================================
Netaji Subhas Medical College and Hospital through its Managing Director
Sri Krishna Murari, son of Sri Madan Mohan Singh, Male, aged about 40
years having Office at NSMCH Campus, Amhara Bihta and Resident of Shiv
Mandir, P.O. Chilhauns, Bhojpur, Sandesh, Bihar-802164.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Health Department,
Government of Bihar.
2. The Additional Chief Secretary, Health Department, Government of Bihar.
3. The Bihar Combined Entrance Competitive Examination Board, Patna
through its Secretary.
4. The Secretary, Bihar Combined Entrance Competitive Examination Board,
Patna.
5. The Controller of Examination, Bihar Combined Entrance Competitive
Examination Board, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12652 of 2025
======================================================
Lord Buddha Koshi Medical Ciollege and Hospital Run by the Society Lord
Buddha Shiksha Pratisthan Having its Registered office at NH-107,
Baijnathpur, Saharsa, Bihar-852221 through its Authorized Representative
Sudhir Kumar Dubey, Male aged about 55 Years, Son of Kedar Nath Dubey,
Resident of Village-Nauhatta, P.O. Nauhatta, Baulia, District-Rohtas, PIn-
821304.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Bihar, Patna-800001
2. Additional Chief Secretary, Health Department, Bihar, Patna-800001
3. Joint Secretary, Health Department, Bihar, Patna-800001.
4. The Secretary, Bihar Combined Entrance Competitive Examination Board,
Bihar, Patna.
5. The Controller of Examination, Bihar Combined Entrace Competitive
Examination Board, Bihar, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12682 of 2025
======================================================
Patna High Court CWJC No.12651 of 2025(2) dt.05-08-2025
2/15
Himalaya Medical College and Hospital through its Director namely Ram
Chandra Saw, (Male), aged about 55 years, Son of Late Devnandan Saw,
resident of East Ashok Nagar, Road no.- 14, Near Rajeshwar Market,
Kankarbagh, P.S.- Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Bihar, Patna.
2. The Additional Chief Secretary, Health Department, Bihar, Patna.
3. The Bihar Combined Entrance Competitive Examination Board, Patna
through its Secretary.
4. The Secretary, Bihar Combined Entrance Competitive Examination Board,
Patna.
5. The Controller of Examination, Bihar Combined Entrance Competitive
Exam Board, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12691 of 2025
======================================================
1. Narayan Medical College and Hospital a unit of the Deo Mangal Memorial
Trust through the Managing Director, Trivikram Narayan Singh, Male, aged
about 45 years, Son of Gopal Narayan Singh, resident of P.O. Jamuhar, P.S.
Dehri, District-Rohtas, Bihar.
2. The Principal, Narayan Medical College and Hospital, through Hiralal
Mahto, Male, aged about 69 years, son of Late Saryug Mahto, Resident of
240/A, Road No. 3, Opposite AVN English School, New Patliputra Colony,
P.S. Patliputra, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Government of Bihar.
2. The Additional Chief Secretary, Health Department, Government of Bihar,
Patna.
3. The Bihar Combined Entrance Competitive Examination Board, Patna
through its Secretary.
4. The Secretary, Bihar Combined Entrance Competitive Examination Board,
Patna.
5. The Controller of Examination, Bihar Combined Entrance Competitive
Examination Board, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12692 of 2025
Patna High Court CWJC No.12651 of 2025(2) dt.05-08-2025
3/15
======================================================
1. Madhubani Medical College through its Director Asif Ahmad, S/o Dr. Fiyaz
Ahmad Madhubani, P.S.- Town Madhubani, District Madhubani.
2. Asif Ahmad, S/o Dr. Faiyaz Ahmad, presently Managing Director,
Madhubani Medical College, P.S.- Town Madhubani, District Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Health Department,
Government of Bihar.
2. The Additional Chief Secretary, Health Department, Government of Bihar.
3. The Bihar Combined Entrance Competitive Examination Board, Patna
through its Secretary.
4. The Secretary, Bihar Combined Entrance Competitive Examination Board,
Patna.
5. The Controller of Examination, Bihar Combined Entrance Competitive
Examination Board, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 12651 of 2025)
For the Petitioner/s : Mr. Y. V. Giri, Sr. Adv.
Mr.Abhay Shankar Singh
Mr. Akshansh Shanker
Ms. Rupali
Msr. Barun Kumar Singh
For the State : Mr. Dhurjati Prasad, GP 14
For the BCECEB : Mr. Prasoon Sinha, Sr. Adv.
Mr. Prabhat Kumar
For the N.M.C. : Mr. Kumar Priya Ranjan, Sr. S.C.
Mr. Sudarshan Bhardwaj
Mr. Sandeep Kumar
(In Civil Writ Jurisdiction Case No. 12652 of 2025)
For the Petitioner/s : Mr. Abhinav Shrivastava
Mr.Raushan
Mr. Arpit Anand
Mr. Sahil Kumar
For the State : Mr. Uday Shankar Sharan Singh, GP 19
For the BCECEB : Mr. Prasoon Sinha, Sr. Adv.
Mr. Prabhat Kumar
Mr. Pushkar Anand
For the N.M.C. : Mr. Kumar Priya Ranjan, Sr. S.C.
Mr. Sudarshan Bhardwaj
Mr. Sandeep Kumar
(In Civil Writ Jurisdiction Case No. 12682 of 2025)
For the Petitioner/s : Mr. Rajemdra Narayan, Sr. Adv.
Mr. Niraj Kumar Mishra
Mr. Kumar Chandra Shekhar
Mr.Navjot Yeshu
For the Respondent/s : Mr.Standing Counsel (13)
For the BCECEB : Mr. Prasoon Sinha, Sr. Adv.
Patna High Court CWJC No.12651 of 2025(2) dt.05-08-2025
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Mr. Prabhat Kumar
For the N.M.C. : Mr. Kumar Priya Ranjan, Sr. S.C.
Mr. Sudarshan Bhardwaj
Mr. Sandeep Kumar
(In Civil Writ Jurisdiction Case No. 12691 of 2025)
For the Petitioner/s : Mr. Y. V. Giri, Sr. Adv.
Mr. Shankar Kumar Choudhary
Mr.Krishna Chandra Jha
Mr. Prabhakar Thakur
For the Respondent/s : Mr.Standing Counsel (26)
For the BCECEB : Mr. Prasoon Sinha, Sr. Adv.
Mr. Prabhat Kumar
For the N.M.C. : Mr. Kumar Priya Ranjan, Sr. S.C.
Mr. Sudarshan Bhardwaj
Mr. Sandeep Kumar
(In Civil Writ Jurisdiction Case No. 12692 of 2025)
For the Petitioner/s : Mr. Amit Shrivastava, Sr. Adv.
Mr.Jagnnath Singh
Mr. Girish Pandey
Mr. Deepak Kumar
Mr. Md. Ghulam Mustafa
Mr. Padmanabh Kashyap
For the State : Mr. S. Raza Ahmad, AAG 5
For the BCECEB : Mr. Prasoon Sinha, Sr. Adv.
Mr. Prabhat Kumar
For the N.M.C. : Mr. Kumar Priya Ranjan, Sr. S.C.
Mr. Sudarshan Bhardwaj
Mr. Sandeep Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 05-08-2025
1. Since similar impugned order is under challenge and
common question of law and facts is involved in these
writ applications, as such, all these five writ applications
have been taken up for hearing together under the heading
‘For Admission’.
2. The petitioners are different private medical colleges of
the State of Bihar. By way of present writ applications,
they have challenged the resolution no. 734 (1), dated
29.07.2025, issued by the Health Department, by which
the Health Department has directed the Bihar Combined
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Entrance Competitive Examination Board to admit 50 per
cent students in private medical colleges at par with the
fee structure of Government medical colleges.
3. Learned Counsel for the petitioners argued that the
impugned resolution is completely arbitrary and violates
the binding fee structure issued by the Fee Fixation
Committee, which was constituted in compliance of the
direction of the Hon’ble Supreme Court, in the case of P.
A. Inamdar and Others v. State of Maharashtra and
Other, reported in (2005) 6 SCC 537. The Committee
constituted as per the decision of the Hon’ble Supreme
Court, comprised of a retired High Court Judge as
Chairman (nominated by the Hon’ble the Chief Justice),
the Additional Chief Secretary, Health, as Member
Secretary and three other members. The Committee, after
due deliberation, passed an order, dated 25.07.2025,
fixing the annual fee for the M.B.B.S. courses in the
petitioners institutions around Rs. 14-16 lakhs, inclusive
of development charges for the 2025-30 batch.
4. Just four days after the fixation of the annual fee by the
Committee, the impugned resolution has been issued
undermining the fee fixation done by the Committee and
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independence of established mechanism by the decision
of the Hon’ble Supreme Court.
5. In paragraph 23 of P. A. Inamdar (supra), the decision of
Islamic Academy of Education v. State of Karnataka,
reported in (2003) 6 SCC 697, has been quoted in which
the purpose and the constitution of the Committees, the
powers conferred on and the functions enjoined upon
them are given.
6. In paragraph 27 of P. A. Inamdar (supra), four questions
were set out for decision and the question no. 1 was as to
what extent the State can regulate admissions made by
unaided (minority or non-minority) educational
institutions and further can the State enforce its policy of
reservation and/or appropriate to itself any quota in
admissions to such institutions? The third and fourth
questions, set out in P. A. Inamdar (supra), were whether
Islamic Academy could have issued guidelines in the
matter of regulating the fee payable by the students to the
educational institutions and can the admission procedure
and fee structure be regulated or taken over by the
Committees ordered to be constituted by Islamic
Academy?
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7. The Hon’ble Supreme Court answered the question no. 1
in paragraph 132 of P. A. Inamdar (supra), saying that
neither the policy of reservation can be enforced by the
State nor any quota or percentage of admissions can be
carved out to be appropriated by the State in a minority or
non-minority unaided educational institution. Minority
institutions are free to admit students of their own choice
including students of non-minority community.
8. The question no. 3 was answered by the Hon’ble
Supreme Court, in paragraph 141 of P. A. Inamdar
(supra), that every institution is free to devise its own fee
structure but the same can be regulated in the interest of
preventing profiteering and no capitation fee can be
charged.
9. The question no. 4 was answered by the Hon’ble
Supreme Court, in paragraph 151 of P. A. Inamdar
(supra), concluding therein that judgment in the case of
Islamic Academy of Education (supra), insofar as it
evolves the scheme of the two Committees, one each for
admission and fee structure, does not go beyond the law
laid down in T. M. A. Pai Foundation v. State of
Karnataka, reported in (2002) 8 SCC 481, and earlier
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decisions of the Supreme Court, which have been
approved in that case.
10.It has further been submitted that the impugned
resolution, if implemented, will have a serious adverse
impact on the ability of the petitioners institutions to
impart quality medical education. The imposition of
artificially low fees, equivalent to those of Government
institutions, despite significantly higher operational costs
borne by private medical colleges would render the
institution financially unviable, affect infrastructure and
staffing, and ultimately compromise the standards of
education and patient care.
11. Further, the Office Memorandum, dated 03.02.2022,
issued by the National Medical Commission has been
assailed before the Hon’ble Supreme Court, in the case of
Association of Health Sciences Institutes v. Union of
India, in W.P. (Civil) no. 682 of 2022, which is pending
before the Hon’ble Supreme Court.
12. It has further been submitted that the resolution no. 187
(1), dated 14.03.2023 was issued by the Joint Secretary,
Health Department, Government of Bihar, in which the
Department had fixed 50 per cent seats in private medical
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colleges and deemed to be universities as per the fee
structure fixed by the Government.
13. Subsequently, on 12.08.2023, the resolution no. 599(1)
was issued by the Joint Secretary, Health Department,
Government of Bihar, addressed to the Controller of
Examination, Bihar Combined Entrance Competitive
Examination Board, informing him that earlier resolution,
dated 14.03.2023 shall be kept in abeyance for admission
in private medical colleges and it was indicated in the said
resolution that the admission will be made on the basis of
fee of the individual private medical colleges on 100 per
cent seats.
14. In the similar manner, on 21.08.2024, another resolution,
bearing resolution no. 497 (1) was issued under the
signature of Special Secretary, Health Department,
Government of Bihar, by which the decision of taking
admission in private medical colleges in relation to 50 per
cent seats as per the fee prescribed for Government
medical colleges, was kept in abeyance for admission in
private medical colleges indicating therein that the
admission for 2024-25 sessions will be on the basis of fee
of the individual private medical colleges for 100 per cent
Patna High Court CWJC No.12651 of 2025(2) dt.05-08-2025
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seats since the matter relating to the same is pending
before the Hon’ble Supreme Court in W.P. (Civil) no. 682
of 2022 (Association of Health Sciences Institutes v.
Union of India).
15. On the other hand, learned Counsel for the National
Medical Commission submits that the National Medical
Commission Act, 2019, was enacted by Parliament and
under Section 10 (1) (i) of the 2019 Act, the National
Medical Commission has been empowered to frame
guidelines for determination of fees and all other charges
in respect of fifty per cent. of seats in private medical
institutions and deemed to be universities. In exercise of
the said power, the National Medical Commission
constituted an expert committee, which initially framed
26 broad draft guidelines for the determination of fees
and other charges for U.G. and P.G. medical courses,
specially related to 50 per cent seats in said institutions.
16. Pursuant to the recommendation of the aforesaid
committee, the National Medical Commission issued an
office memorandum on 03.02.2022 laying down a
detailed guidelines, including the fee structure chargeable
by the private medical colleges. This office memorandum,
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dated 03.02.2022, has been challenged before the Hon’ble
Supreme Court and is still pending before the Supreme
Court, in W.P. (Civil) no. 682 of 2022 (Association of
Health Sciences Institutes v. Union of India).
17. Learned Senior Counsel for the Bihar Combined Entrance
Competitive Examination Board argued that as per the
letter of the State Government, the Bihar Combined
Entrance Competitive Examination Board issued notice
on 29.07.2025 for online application and choice filling. In
paragraph 3 of the said notice, it has been mentioned that
the first 50 per cent seats of Private Medical
College/Deemed University will be filled on fees at par
with the fees fixed for Government Medical College.
18. Learned Counsel for the State argued that the impugned
letter has been issued on the basis of the resolution of the
State Government, dated 14.03.2023. On the basis of the
office memorandum of the National Medical
Commission, dated 03.02.2022, the resolution of the State
Government, dated 14.03.2023, has been issued and in
furtherance of the same, the present impugned letter,
dated 29.07.2025 has been issued by the State
Government. The resolution of the National Medical
Patna High Court CWJC No.12651 of 2025(2) dt.05-08-2025
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Commission of 03.02.2022 has not been challenged
before this Court.
19.I have heard learned Counsel for the parties concerned
and have gone through the materials available on record.
20. Learned Counsel for the petitioners are directed to add the
National Medical Commission as party respondents in all
the writ application in course of the day and serve a copy
of the writ applications, complete with annexures, upon
learned Counsel for the National Medical Commission by
08th August, 2025.
21. The petitioners institutions are private unaided medical
colleges and have challenged the letter, dated 29.07.2025,
bearing no. 734 (1), issued by the Health Department,
Government of Bihar, whereby the Bihar Combined
Entrance Competitive Examination Board has been
directed to admit students on 50 per cent seats in private
medical colleges at the fee structure applicable for the
Government medical colleges. The fee structure of
Government medical colleges is mentioned in the
resolution of the State Government, dated 14.03.2023 and
the tuition fee is Rs. 9,000/- per annum apart from other
fees i.e. hostel fee, electricity charge, and others.
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22. The Committee, constituted pursuant to the decision of
the Hon’ble Supreme Court, in P. A. Inamdar (supra),
has fixed the fee structure for unaided private medical
colleges.
23. In P. A. Inamdar (supra), the Supreme Court addressed
directly the State as to whether the State can regulated
and fix fee structure in unaided private medical colleges.
24. In the present case, when queried, it has been informed to
the Court that there does not exist any Government quota
in private and unaided medical colleges in the State of
Bihar.
25.However, it is not disputed that the Committee, headed by
a retired High Court Judge, has already determined the
annual fee for the M.B.B.S. course in the petitioners
institutions per annum, inclusive of development charges
for the 2025-30 batch. The impugned resolution seeks to
override this quasi-judicial determination by the Fee
Fixation Committee.
26. The resolution of the National Medical Commission,
dated 03.02.2022, fixing fee structure in the private
unaided medical college/deemed universities up to the
extent of 50 per cent of the total sanctioned strength in
Patna High Court CWJC No.12651 of 2025(2) dt.05-08-2025
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Government quota seats is under challenge before the
Hon’ble Supreme Court, in W.P. (Civil) no. 682 of 2022
(Association of Health Sciences Institutes v. Union of
India), which is still subjudice before the Hon’ble
Supreme Court.
27. In view of the fact that the resolution of the National
Medical Commission is still subjudice before the Hon’ble
Supreme Court, the act of State Government in
unilaterally taking a decision fixing fees equivalent to
government medical colleges by the impugned letter/
resolution, without reference to the cost structures of
private institutions and in disregard to the Fee Fixation
Committee’s determination of fee charged by the private
unaided medical colleges, dated 25.07.2025, in my
opinion, prima facie, amounts to violation of the
petitioners’ fundamental rights under Article 19 (1) (g) of
the Constitution of India and the law laid down in P. A.
Inamdar (supra).
28. Accordingly, till further orders, the operation/
implementation/effect of resolution no. 734 (1), dated
29.07.2025, issued by the Health Department,
Government of Bihar, shall remain stayed.
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29.Till further orders, any consequential order(s) shall also
be inoperative. The interim order shall be subject to the
final outcome of the case pending before the Hon’ble
Supreme Court, in W.P. (Civil) no. 682 of 2022.
30.The respondents are directed to file their respective
counter affidavits in all the cases within a period of six
weeks from today.
31. List all these cases, under the same heading, on 25 th
September, 2025.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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