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Neutral Citation No. - 2025:AHC:65194 Court No. - 32 Case :- WRIT - C No. - 25945 of 2021 Petitioner :- Anika Kumari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Tandon,Manu Srivastava Counsel for Respondent :- Adarsh Bhushan,C.S.C.,Devendra Kumar,Nipun Singh,Shiv Singh Yadav Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner, Sri Sunil Kumar Yadav,
learned counsel for the Union of India, learned Standing Counsel for the State-respondents and perused the records.
2. The petitioner by means of the present petition has prayed for the following relief: (i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.1 and 2 to accept and recognize the certificate/marksheet (Annexure No.1 to this writ petition) issued by the Bihar Board of Open Schooling and Examination in June, 2020 to the petitioner in respect of her passing Class 12th so far as it relates to the admission of the petitioner in General Nursing and Midwifery Course under the Indian Nursing Council Act, 1947.
3. The petitioner has filed a supplementary affidavit dated 31.01.2025 titles as '4th Supplementary Affidavit', wherein she has annexed Gazette Notification dated 28.02.2024, by which the Bihar Board of Open Schooling and Examination has been recognized by the Uttar Pradesh Madhyamik Shiksha Parishad. Accordingly, it is submitted that the ground for rejecting the claim of the petitioner cannot be sustained in view of the Gazette Notification dated 28.02.2024.
4. Since, the Gazette Notification dated 28.02.2024 has been issued and the Bihar Board of Open Schooling and Examination has been recognized by the Uttar Pradesh Madhyamik Shiksha Parishad, therefore, in such view of the fact, the writ petition is
disposed of permitting the petitioner to file a detailed representation before respondent no.3 within a period of one month from today. In case any such representation is filed, respondent no.3 shall consider and decide the same in light of the Gazette Notification dated 28.02.2024 (Annexure-1 to the supplementary affidavit dated 31.01.2025). The impugned order shall abide by the final order that would be passed by respondent no.3 on the representation of the petitioner.
Order Date :- 28.4.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad