'Competing Interest Of Health Of Students & Providing Nursing Services To Common Man': Allahabad HC Seeks UP Govt's Reply In Plea Against Reopening Of Nursing Educational Institutions [Read Order]

"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," single bench of Justice Ashwani Kumar Mishra has ordered.

The direction is passed in a petition filed by few nursing students impugning Government Order dated May 7, 2020, "mandatorily requiring" all final year students of government and private nursing educational institutions to report on campus.

The Petitioners, appearing through Senior Advocate Anoop Trivedi and Advocates Abhinav Gaur and Vibhu Rai, had cited various health hazards associated with requiring physical presence of students.

They had also drawn attention of the court towards order dated June 29, 2020, passed by the Union Ministry of Home Affairs, extending the lock down. As per the said order inter-alia, all educational institutions are to remain closed till 31st July, 2020.

AAG Manish Goel and Advocate Pankaj Rai, appearing for the State, however submitted that the decision to reopen the nursing courses was based upon a circular issued by the Union Ministry of Health & Family Welfare, dated 16th June, 2020. It was further urged that nursing staff is otherwise required to meet the imminent need due to Covid 19 Pandemic.

Emphasizing on the need to balance the interest of the nursing students and the requirement for medical staff, the court has issued notice and has posted the matter for hearing on July 8.

The court has also asked the Petitioners to implead Union of India and the Indian Nursing Council, New Delhi, as parties so that they may also obtain instructions in the matter by the next date fixed.

A similar petition was also mentioned before a division bench of the High Court comprised by Justice MK Gupta and Justice YK Srivastava. The bench has agreed to hear the petition mentioned by Advocate Shashank Shri Tripathi on an urgent basis. Accordingly, a special bench has been formed during the HC vacation period, to hear the matter on July 3.

Case Details:

Case Title: Narendra Kumar Singh & Ors. v. State of UP & Ors.

Case No.: Writ C No. 10776/2020

Quorum: Justice Ashwani Kumar Mishra

Appearance: Senior Advocate Anoop Trivedi and Advocates Abhinav Gaur and Vibhu Rai (for Petitioners); AAG Manish Goel and Advocate Pankaj Rai (for State)

Click Here To Download Order

Read Order