HC seeks instruction from State regarding reopening of Nursing Education Institutions (Read Order)

The Allahabad High Court on Wednesday directed Additional Advocate General Manish Goel appearing for the state to seek instruction from the UP government pertaining to its decision of reopening all nursing education institution in state.

The single bench of Justice Ashwani Kumar Mishra while dealing with a petition filed by nursing students who have assailed the decision of the State to resume their nursing course has observed that,

“Considering the competing interest of securing life/health of students vis-a-vis requirement of providing nursing services to the common man, it would be appropriate to permit the learned Additional Advocate General appearing for the State to obtain specific instructions in the matter from the department concerned.”

Senior Advocate Anoop Trivedi, Vibhu Rai and Abhinav Gaur, on behalf of the petitioner, has contended that the decision of the state is inconsistent with the decision of Central government as an order passed by the Chairman, National Executive Committee (NEC) under the Disaster Management Act, 2005, dated 29th June, 2020 according to which all educational institutions are to remain closed till 31st July, 2020. The counsel also highlighted a circular dated 14th May, 2020 of the Indian Nursing Council as per which the academic session 2019-20 is extended till September/October, 2020.

Manish Goel, the Counsel on the behalf of state has submitted that the decision of state to reopen the nursing course is based upon a circular issued by the Ministry of Health & Family Welfare, dated 16^th June, 2020. He further submitted that it is also urged that nursing staff is otherwise required to meet the imminent need due to Covid 19 Pandemic. The court has issued a notice and also granted liberty to petitioner to implead Union of India as also the Indian Nursing Council, New Delhi and posted the matter for next hearing on 8^th July.

Case details:

Case: - Writ No. - 10776 of 2020

Petitioner: - Narendra Kumar Singh and 2 Others

Respondent: - State Of U.P. And 3 Others

Counsel for Petitioner: - Vibhu Rai, Abhinav Gaur, Anoop Trivedi (Senior Adv.)

Counsel for Respondent: - C.S.C.

Judge: - Justice Ashwani Kumar Mishra

Read Order@LatestLaws