Disposed

Ratna Singh v. State of U.P. Thru. Prin. Secy. Medical and Health Secrett. U.P. Lko. and 5 Others

Allahabad HC13 Nov 2024WRIC/8130/2024

Case brief

AI extract

What is this about?

A nursing diploma student rusticated by her institute on allegations of misconduct sought provisional permission to sit the final semester examination. The court directed respondents to allow her to appear, subject to attendance requirements, with results withheld pending further orders.

What did the court decide?

Permission to provisionally appear in the examination; result withheld subject to further orders.

Ratna Singh vs State of U.P. Thru. Prin. Secy… — Education and Admissions | Allahabad HC (2024)

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Court No. - 7

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Case :- WRIT - C No. - 8130 of 2024

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Petitioner :- Ratna Singh Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health Secrett. U.P. Lko. And 5 Others Counsel for Petitioner :- Dilip Kumar Pandey Counsel for Respondent :- C.S.C.,Gyanendra Kumar Srivastava

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Hon'ble Alok Mathur,J.

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Heard Sri Dilip Kumar Pandey, learned counsel for the petitioner as well as learned Standing Counsel for respondent no. 1 and Sri Gyanendra Kumar Srivastava, learned counsel appearing for respondent nos. 2 and 3.

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Issue notice to respondent nos. 4 to 6. Let necessary steps be taken within next ten days.

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By means of present writ petition the petitioner who is a student of IIIrd year final Semester of General Nursing & Midwifery Diploma Course run by Mata Suraj Mukhi Nursing Institute & Research Center, Agra, has assailed an undated order/letter passed/issued by the Chairman of the respondentInstitution thereby resticating the petitioner from the Institution.

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According to the impugned order/letter it has been stated that the petitioner his in the habit of making false allegations against the Management of the Institution and also that due to her conduct other students are facing mental and physical problems and even Police inquiry had been conducted with regard to allegations made by the petitioner which are found to be false.

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It is submitted that prior to passing of the impugned order/letter, parents of the petitioner were also asked to appear before the Committee, but they did not appear and accordingly for the aforesaid reasons, the petitioner has been resticated from the Institution.

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It is submitted by learned counsel for the petitioner that allegations made against the petitioner are false and malafide and the impugned order/letter deserves to be set aside. It is further submitted that examination for IIIrd year final Semester of General Nursing & Midwifery Diploma Course are scheduled to be held from 15-16 October, 2024 and it is submitted that in case petitioner is not permitted to appear in the said examination her future shall be adversely effected.

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It is next submitted by learned counsel for the petitioner that as the petitioner fulfills requirement of attendance, her examination form has already been accepted by the respondents. It is also submitted that in case there is no issue with regard to petitioner attendance, petitioner may be permitted to provisionally appear in the IIIrd year final Semester of General Nursing & Midwifery Diploma Course Examination, 2024.

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In view of above, respondent nos. 4 and 5 are directed to permit the petitioner to appear in IIIrd year final Semester of General Nursing & Midwifery Diploma Course Examination, 2024, subject to condition as stated herein above. It is made clear that petitioner's result shall not be declared and same shall be subject to further orders of this Court.

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In the meanwhile, let counter affidavit be filed by the respondents.

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List this case on 13.11.2024, alongwith service report.

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Order Date :- 20.9.2024 A. Verma

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(Alok Mathur, J.)

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Ratna Singh v. State of U.P. Thru. Prin. Secy. Medical and Health Secrett. U.P. Lko. and 5 Others

Case brief

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Ratna Singh v. State of U.P. Thru. Prin. Secy. Medical and Health Secrett. U.P. Lko. and 5 Others

Case brief

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