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High Court of Tripura · body

2026 DAILYLAW 324 (TRI)

Rakesh Datta and 7 Others v. Tripura University and 15 Others

WP(C)/312/2026 · 2026-05-14

T Amarnath Goud

Writ Petition (Civil)body2026

Judgment text

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TRHC010007652026 HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.312 of 2026 1. Rakesh Datta son of Sri Manik Datta, resident of House No.99, near District Water Supply, opposite to Das Para Road, Thakur Palli, Kulai, District- Dhalai Tripura, Pin-799204, Age-31 years. 2. Ankita Saha daughter of Sri Anit Kumar Saha, resident of Indranagar, Madhyapara, P.O- Abhoynagar, P.S- East Agartala, Agartala, District-West Tripura, Pin-799005, Age-32 years. 3. Bhaswati Sil daughter of Sibendra Sil, resident of Barasurma, Kamalpur, District-Dhalai Tripura, Pin 799285, Age-34 years. 4. Sanjoy Das son of Sachindra Das, resident of Jogendra Nagar, Bankumari, P.O- Jogendranagar, P.S- East Agartala, District- West Tripura, Pin-799004, Age-31 years. 5. Sarmista Das, daughter of Late Ranjit Kumar Das, resident of Panisagar, PO and PS- Panisagar, District- North Tripura, Pin-799260, Age-31 years. 6. Keya Das, daughter of Nripendra Kumar Das, resident of Sonamura, PO and PS-R.K Pur, District- Gomati Tripura, Pin-799120. Age-31 years. 7. Sumista Debnath, daughter of Rabindra Debnath, resident of East Jumer Dhepa, Laxman Dhapa, District- West Tripura, Pin-799115. Age-31 years. 8. Subham Majumder, son of Swapan Majumder, resident of House No.49, near Ridvan Academy, Cinema Hall Road, PO and PS- Belonia, District- South Tripura, Pin-799155, Age-30 years. …..Petitioners _V_E_R_S_U_S_ 1. Tripura University, represented by its Registrar, Suryamaninagar, PO- Suryamaninagar, PS- Amtali, Agartala, District-West Tripura, Pin-799022. 2. The Registrar,Tripura University, Suryamaninagar, PO- Suryamaninagar, PS- Amtali, Agartala, District- West Tripura, Pin-799022. 3. The Vice-Chancellor,Tripura University,Suryamaninagar, PO-Suryamaninagar, PS- Amtali, Agartala, District- Tripura, Pin-799022. 4. The Controller of Examinations, Tripura University, Suryamaninagar, PO- Suryamaninagar, PS- Amtali, Agartala, District-Tripura, Pin-799022. 5. The State of Tripura represented by the Secretary, Health and Family Welfare Department, Government of Tripura, New Secretariat Complex, Gurkhabasti, Agartala, PO-Kunjaban, PS- New Capital Complex, Sub-Division- Sadar, District- West Tripura. 6. The Director of Health Services, Health and Family Welfare Department, Government of Tripura, Pandit Nehru Complex, Gurkhabasti, Agartala, PO- Kunjaban, PS- New Capital Complex, Sub-Division- Sadar, District-West Tripura. 7. The Director of Medical Education, Health and Family Welfare Department, Government of Tripura, PO- Agartala, PS- West Agartala, District- West Tripura, Pin-799001. 8. The Director of Higher Education, Government of Tripura, Siksha Bhavan, Office Lane, PO- Agartala, PS- West Agartala, District-West Tripura, Pin- 799001. 9. The Union of India, represented by the Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi-110011. 10. The Director General of Health Services, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi-110011. 11. The Assistant Director General (Nursing), Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi-110011. 12. Indian Nursing Council, represented by the Secretary of Indian Nursing Council, 8th Floor, NBCC Centre, Plot No.2, Community Centre, Okhla Phase- 1, New Delhi-110020. 13. National Human Rights Commission, represented by the Secretary General of National Human Rights Commission, Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi-110023. 14. Tripura Nursing Council, represented by the Registrar of Tripura Nursing Council, Pandit Nehru Complex, Gurkhabasti, Agartala, PO- Kunjaban, PS- New Capital Complex, Sub-Division- Sadar, District- West Tripura. 15. The Principal, Tripura College of Nursing, Hapania, PO- Agartala ONGC, PS- Amtali, District- West Tripura, Pin-799014. 16. The Principal, Institute of Nursing Science, Durjoynagar, Airport Road, Agartala, District- West Tripura, Pin-799009. …..Respondents For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate. Mr. K. Chakraborty, Advocate. For Respondent(s) : Mr. B.Majumder, Deputy SGI. Mr. K. Pal, Advocate. Page 3 of 5 HON’BLE JUSTICE DR. T. AMARNATH GOUD _F_I_N_A_L_O_ R_ D_ E_ R_ 14.05.2026 Heard. [2] The present petition has been filed under Article-226 of the Constitution of India for setting aside the impugned letter dated 27.05.2025 and rectify the concerned mark-sheets of the petitioners, in conformity with Rule-9 of the Tripura University Rules, Regulations for B.Sc. Nursing Course and Scheme of Examinations, as laid down by the Indian Nursing Council, by awarding qualifying/passing marks in the External Component of the concerned subjects viz. Nutrition & Biochemistry, in the 1st year Mark-sheet (in case of the petitioner No.1), Nutrition & Biochemistry, Nursing Foundation, Microbiology, in the 1st year Mark-sheet, Medical Surgical-1, Pharmacology Pathology Genetics, Community Health Nursing-1, in the 2nd year Mark-sheet (in case of the petitioner No.2), Anatomy and Physiology, Psychology, in the 1st year Mark-sheet, Management of Nursing Services and Education, in the 4th year Mark-sheet (in case of the petitioner No.3), Nutrition & Biochemistry, Psychology, in the 1st year Mark-sheet, Medical Surgical-1, in the 2nd Year Mark-sheet (in case of the petitioner No.4), Nutrition & Biochemistry, in the 1st year Mark-sheet (in case of the petitioner No.5), Nutrition & Biochemistry, in the 1st year Mark-sheet (in case of the petitioner No.6), Nutrition & Biochemistry, in the 1st year Mark-sheet, Medical Surgical-1, in the 2nd year Mark-sheet, Research and Statistics, in the 3rd year Mark-sheet (in case of the petitioner No.7) Anatomy and Physiology, Psychology, Microbiology, in the 1st year Mark-sheet, Pharmacology Pathology Genetics, Community Health Nurshing-1, Communication and Educational Technology, in the 2nd year Mark-sheet, Child Health Nursing, in the 3rd year Mark-sheet (in case of the petitioner No.8), and thereupon, to issue fresh mark- sheets in lieu of them, in favour of the petitioners. [3] The petitioners have prayed for the following reliefs: “(i) Issue rule, calling upon the respondents and each one of them, to show cause as to why a writ of certiorari and/or in the nature thereof, shall not be issued, directing them, to transmit the records, lying with them, for rendering substantive and conscionable justice to the Petitioners, and for quashing/setting aside the impugned Letter dated 27.05.2025 (Annexure-22 supra); (ii) Issue Rule, calling upon the Respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, mandating/directing them, to rectify the concerned Mark-sheets of the Petitioners (Annexure-2 supra), in conformity with Rule 9 of the Tripura University Rules, Regulations for B.Sc. Nursing Course (Annexure-3 supra) and Scheme of Examinations, as laid down by the Indian Nursing Council (Annexure-4 supra), by awarding qualifying/passing marks in the External Component of the concerned subjects viz. Nutrition & Biochemistry, in the 1st Year Mark-sheet (in case of the Petitioner No.1), Nutrition & Biochemistry, Nursing Foundation, Microbiology, in the 1st Year Mark-sheet, Medical Surgical-1, Pharmacology Pathology Genetics, Community Health Nursing-1, in the 2nd Year Mark-sheet (in case of the Petitioner No.2), Anatomy and Physiology, Psychology, in the 1st Year Mark-sheet, Management of Nursing Services and Education, in the 4th Year Mark-sheet (in case of the Petitioner No.3), Nutrition & Biochemistry, Psychology, in the 1st Year Mark-sheet, Medical Surgical-1, in the 2nd Year Mark-sheet (in case of the Petitioner No.4), Nutrition & Biochemistry, in the 1st Year Mark-sheet (in case of the Petitioner No.5), Nutrition & Biochemistry, in the 1st Year Mark-sheet (in case of the Petitioner No.6), Nutrition & Biochemistry, in the 1st Year Mark-sheet, Medical Surgical-1, in the 2nd Year Mark-sheet, Research and Statistics, in the 3rd Year Mark-sheet (in case of the Petitioner No.7), Anatomy and Physiology, Psychology, Microbiology, in the 1 Year Mark-sheet, Pharmacology Pathology Genetics, Community Health Nursing-1, Communication and Educational Technology, in the 2nd Year Mark-sheet, Child Health Nursing, in the 3rd Year Mark-sheet (in case of the Petitioner No.8), and thereupon, to issue fresh Mark- sheets in lieu of them, in favour of the Petitioners; (iii) Call for the records, appertaining to this Writ Petition; (iv) After hearing the parties, be pleased to make the Rule absolute in terms of (i) & (ii) above; (v) Costs of and incidental to this proceeding (vi) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper.” [4] The case of the petitioners is that in the year 2015, the petitioner No. 3 passed B.Sc. Nursing from Tripura College of Nursing. In the year 2017, the petitioner Nos. 1, 2 & 4 passed B.Sc. Nursing from Tripura College of Nursing. The petitioner Nos. 5, 6 & 7 passed B.Sc. Nursing Course from the Institute of Nursing Science. In the year 2018, the petitioner No. 8 passed B.Sc. Nursing from Institute of Nursing Science. Due to some inherent defects in the marking system in some of their concerned Mark-sheets (as issued by the Tripura University, in non- conformity with the Indian Nursing Council norms & guidelines), the petitioners failed to fill up the reciprocal registration application forms in the online portal of various states, for which, they failed to procure Nursing Council registration in various states, resulting to their unemployment, even after their passing. Situated thus, in the years 2019, 2021, 2022, 2023, the Petitioners raised such grievances before the Tripura University, and prayed for rectifying the same, but, in vain. Page 5 of 5 [5] Vide letters dated 14.08.2024, 21.09.2024, 27.09.2024, 27.02.2025, 26.03.2025, 21.04.2025, 03.06.2025, 27.06.2025, 04.08.2025, 06.11.2025, 19.11.2025, 27.11.2025, 02.12.2025, 05.02.2026, several higher authorities viz. the Director General of Health Services, Ministry of Health & Family Welfare, Government of India, Indian Nursing Council, Director of Medical Education, Government of Tripura and National Human Rights Commission had time and again requested the Tripura University to rectify the concerned mark-sheets of the petitioners in conformity with the Indian Nursing Council norms & guidelines, failing which, the same would jeopardize the future prospects of the petitioners, but, in vain. On 27.05.2025, the Tripura University-Respondents issued the impugned Reply, regretting the prayer of the Petitioners, asking them to register and practice only within the State of Tripura, thereby restricting their fundamental right, guaranteed under Article-19(1)(g), i.e. to practice their profession at any place, within the territory of India. On 14.11.2025, the Petitioners filed a Joint representation, but, till date, the grievance of the petitioner has not been redressed. [6] Hence, the present petition has been filed by the petitioners before this Court for redress. [7] In view of above and having heard the learned counsel appearing for the parties without expressing any opinion on merits, this Court is of the view that ends of justice would be met if the matter is disposed of by setting aside the impugned order as the impugned order seems inconclusive by directing the concerned respondents to consider the case of the petitioners and pass a reasoned order in accordance with law, facts and rights be decided as expeditiously as possible preferably within a period of one month from the date of the receipt of the copy of this order. Accordingly, the same is ordered. Further, it is made clear that whatever the decision is taken by the concerned respondents, the same may be communicated to the petitioners. [8] As such, the present petition stands disposed of. As a sequel, miscellaneous application, pending if any, shall stand closed. DR.T. AMARNATH GOUD, J A. Ghosh ANJAN GHOSH Digitally signed by ANJAN GHOSH Date: 2026.05.20 10:40:55 +05'30'