RENU Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is directed against order dtd. 6/1/2025 passed by learned Single Judge, whereby the writ petition filed by the petitioner aggrieved of the order dtd. 3/5/2024 issued by the Secretary, U.P. State Medical Faculty, Lucknow by which the appellant was restrained from appearing in the final examination for the course of Auxiliary Nurse & Midwife / H.W. (Female) (New Syllabus) (for short 'A.N.M.) for the Session 2023-24 has been dismissed.

(2.) The appellant had passed the matriculation examination from Punjab School Education Board in 2010 and completed her Adeeb-e-Mahir from Jamia Urdu, Aligarh. An advertisement dtd. 13/5/2022 was published by the Director General (Training) Department of Medical Health and Family Welfare, Uttar Pradesh regarding two year training programme for the A.N.M. at various training centres throughout Uttar Pradesh. In the said advertisement/notice, along with other details, the eligibility criteria prescribed that the candidate should have passed Intermediate Exam (10 + 2) from U.P. Board of Secondary Education or equivalent Board.

(3.) The appellant applied for the two year training programme and claims to have filled out the application form as prescribed under the advertisement. The merit list was prepared and the appellant was selected. Whereafter she was admitted to the course for the Session 2023-24 and a training centre was allotted to her. However, during course of training on 8/5/2024, the appellant was served through respondent no.4 with a letter dtd. 3/5/2024 requiring the appellant to correct the particulars or the errors mentioned against her name by 10/5/2024, else she alongwith other candidates whose names appear in the said communication would not be allowed to appear in the examination. Against her name, the deficiency indicated was 'Board not valid'. It was then submitted in the petition that when the appellant approached the concerned officials, she was told that Adeeb-e-Mahir is not equivalent to Intermediate from U.P. Board of Secondary Education. The appellant claimed that the said stand of the respondents is contrary to the Government Orders dtd. 9/9/1983 and 13/9/1994 issued by the State Government and that Jamia Urdu, Aligarh was duly recognised and as such the denial of the appellant based on her qualification of Adeeb-e-Mahir was not justified. When the respondents did not accept the said plea, the writ petition was filed seeking to question the communication dtd. 3/5/2024. The respondents before the learned Single Judge relied on a Government Order dtd. 13/8/2013 to indicate that those who have obtained the certificate of Adeeb-e-Mahir subsequent to the year 1997 were not eligible to the equivalence with Intermediate and that the Government Order dtd. 17/8/2013 is not under challenge.