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2025 DAILYLAW 159181 (ALL)

ANAND YADAV v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. MED. EDU. LKO. AND 4 OTHERS

WRIC/8048/2025 · 2025-08-22

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49342 Court No. - 6 Case :- WRIT - C No. - 8048 of 2025 Petitioner :- Anand Yadav Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Med. Edu. Lko. And 4 Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2. The present petition has been filed with the following reliefs: "i. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order bearing file No.7-1/2024-INC/31(321122) dated 03.02.2025 passed by the Opp. party No.2 contained as Annexure No.1 to this writ petition. ii. Issue a writ, order or direction in the nature of Mandamus thereby commanding the Opp. Parties No.3&4 to allow the registration of the petitioner with the U.P. Nurses and Midwives Council Lucknow forthwith ignoring the impugned order dated 03.02.2025 contained in Annexure No.1." 3. The submission of learned counsel for the petitioner is that the case of the petitioner for registration has been denied solely on account of the fact that Mother Mary College of Nursing Indore, Madhya Pradesh was not found in the list of suitable institutions under Sections 13 and 14 of the Indian Nursing Council Act, 1947 from where the petitioner has completed his course. 4. The contention of learned counsel for the petitioner is that the similar issue was decided by this Court vide judgement dated 24.01.2024 passed in Writ-C No.4866 of 2023. 5. Considering the fact that the similar issue has been decided by a Division Bench of this Court and the said fact has not been taken into consideration while passing the impugned order dated 03.02.2025, the order dated 03.02.2025 is set aside. 6. The matter is remanded to respondent Nos.2 to 4 to revisit the request of the petitioner for registration in the light of the judgement dated 24.01.2024 passed in Writ-C No.4866 of 2023. The said order shall be passed within a period of six weeks from the petitioner approaching the respondents. 7. The petition stands disposed of. Order Date :- 22.8.2025/Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench