MS BANASREE CHAKRABORTY v. STATE OF U.P. THRU. ADDL. CHIEF SECY., DEPTT. OF MEDICAL EDUCATION, LKO. AND OTHERS
WRIC/1350/2025 · 2025-02-12
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121954 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121954 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8899 Court No. - 19 Case :- WRIT - C No. - 1350 of 2025 Petitioner :- Ms Banasree Chakraborty Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Medical Education, Lko. And Others Counsel for Petitioner :- Abul Fazal Jaffrey,Uma Shankar Lal Counsel for Respondent :- C.S.C.,Gyanendra Kumar Srivastava Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 to 2, Mr. Gyanendra Kumar Srivastava,
learned counsel for opposite party no.3. In view of order being passed, notices to opposite parties 4 and 5 stand dispensed with. 2. Petition has been filed seeking a direction to authority concerned to issue fresh mark sheet to petitioner for the second year examination of the General Nursing and Midwifery course conducted in November, 2020. A further prayer for a direction to Indian Nursing Council for issuance of direction to all State Nursing Council for adopting a uniform practice for registering nurses and students during COVID-19 pandemic has also been sought. 3. It has been submitted that although petitioner had appeared in aforesaid examination in November, 2020, but in the mark sheet issued by the U.P. State Medical Faculty, Lucknow, no specific mark obtained by petitioner has been indicated with the only note that she has passed due to COVID. It is submitted that in pursuance thereof, petitioner was registered with U.P. Nurses & Midwives Council, but when she sought to be registered with the West Bengal Nursing Council, the same has been rejected by letter dated 08.04.2024 on ground that her mark sheet does not disclose marks obtained in the second year
examination held in November, 2020. 4. Learned counsel for opposite party no.3, i.e. U.P. State Medical Faculty, Lucknow, on the basis of instructions submits that due to COVID 19 Pandemic, an order dated 15.12.2020 was issued exempting examination for the Second Year course in view of said pandemic and directions were issued that all the students would automatically stand promoted. It is submitted that it is due to said notification dated 15.12.2020 that specific marks for the second year examination was not indicated. 5. From a perusal of letter dated 08.04.2024 issued by West Bengal Nursing Council, it is evident that petitioner's application for registration has been rejected only on ground that her Second Year Examination mark sheet does not indicate marks obtained by her. The aspect of notification dated 15.12.20220 by the U.P. State Medical Faculty, Lucknow has apparently not been considered at all. 6. In view thereof, liberty is granted to petitioner to file a fresh representation before opposite party no.4, i.e. Indian Nursing Council, New Delhi which shall consider and decide petitioner's grievances expeditiously preferably within a period of six weeks from the date a certified copy of this order is served upon authority concerned. 7.
With aforesaid observations and directions, the petition is finally disposed of.
Order Date :- 12.2.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench