KM. ROSHANI AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL EDUCATION, LKO. AND OTHERS
WRIC/4502/2025 · 2025-05-12
Jaspreet Singh
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 139613 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139613 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27592 Court No. - 8 Case :- WRIT - C No. - 4502 of 2025 Petitioner :- Km. Roshani And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Education, Lko. And Others Counsel for Petitioner :- Vinay Tripathi,Uma Kant Mishra Counsel for Respondent :- C.S.C.,Gyanendra Kumar Srivastava Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. Shri Gyanendra Kumar Srivastava,
learned counsel has accepted notice on behalf of the respondents No.2 and 3. By means of the instant petition, the petitioners seek the following reliefs:-
"(i) To issue a writ, order or direction in the nature of Mandamus to commanding and directing the respondents No.2 and 3 to allow the registration of the petitioners with the "U.P. Nurses and Midwives Council, Lucknow" in the light of judgment dated 24th January 2024 (i.e. Annexure No.2 to his writ petition) passed by this Hon'ble Court in the WRIT-C No.4866 of 2023; the judgment dated 18th March 2024 (i.e. Annexure No.3 to this writ petition) passed by the Hon'ble Supreme Court in the SLP (C) No.6301 of 2024 as well as the judgment dated 21st June 2024 (i.e. Annexure No.4 to this writ petition) passed by this Hon'ble Court in WRIT-C No.4866 of 2023 to meet the ends of justice. (ii) To issue any writ, order or directions which this Hon'ble Court may deem just and proper in the circumstances of the case may also kindly be passed." The submission of the learned counsel for the petitioners is that all the petitioners are diploma holders in the Course of General Nursing of Midwives from Sitaram College of Nursing, Khop, Chhatarpur in the State of Madhya Pradesh. It is submitted that the petitioners had completed their course in the Educational Session 2018-2019 to 2020-21. The petitioners sought to get their registration done with the State of U.P., and once they applied for the same, the same was denied on the ground that the College from where the petitioners had got their diploma courses is not recognized. The submission is that certain other diploma holders of the
same Institution, who had been denied registration in the State of U.P., on the ground that Sitaram College of Nursing was not recognized, consequently, the same came to be challenged by means of WRIT-C No.4866 of 2023 (Kumari Priyanka Halwai v. State of U.P. and others), wherein a Division Bench of this Court by means of its judgment dated 24.01.2024 had allowed the writ petition on the premise that on the date when the petitioners of the said writ petition had completed their courses, the same college i.e. Sitaram College of Nursing was duly recognized as their recognition was cancelled later in the year
2023.
It is urged that the decision of the Division Bench passed in Kumari Priyanka Halwai (supra) is squarely applicable to the case of the present petitioners. It is also stated that the said
order passed by the Division Bench of this Court dated 24.01.2024 was challenged by the U.P. Nurses and Midwives Council before the Apex Court and by means of the order dated 18.03.2024, the Apex Court declined to interfere. It is thus, urged that the order passed by the Division Bench of this Court has been affirmed and in such circumstances, the petitioners cannot be discriminated. Learned Standing Counsel as well as Shri Gyanendra Kumar Srivastava, learned counsel appearing for the respondents No.2 and 3 could not dispute the aforesaid facts. In view of the admitted position as well as the decision rendered by the Division Bench of this Court which has been affirmed by the Hon'ble Apex Court, this Court is of the opinion that no gainful purpose would be served in calling for counter affidavit when the facts are not disputed. In view of the aforesaid, the instant petition is also allowed on the same premise as passed by the Division Bench of this Court in WRIT-C No.4866 of 2023 (Kumari Priyanka Halwai v. State of U.P. and others) and the petitioners shall also be entitled to the same benefit. With the aforesaid, the petition stand allowed.
Order Date :- 12.5.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench