PRIYANKA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application has been filed for a direction to the authorities of AIIMS, Patna to permit the petitioner to appear in the supplementary examination to be held from 21/7/2025.

(2.) I.A. No. 1 of 2025 has been filed by the petitioner with a prayer to allow the petitioner to appear in the II Year M.Sc. Nursing Final Examination July 2025 to be held between 21/7/2025 to 26/7/2025.

(3.) Brief facts giving rise to the present writ application is that the petitioner was enrolled in M.Sc. Nursing Course at College of Nursing AIIMS, Patna for the academic session 2022-2024. The course started on 16/9/2022 and was to be completed after two years in September, 2024. After passing her 1st year examination, the petitioner was promoted to 2nd year of the course and continued to pursue her course in the 2nd year till June, 2024. While pursuing her 2nd year studies the petitioner on the basis of her qualification of B.Sc. Nursing Course applied for Short Service Commission in Military Nursing Service and was selected into the service. In furtherance of her selection she submitted an application dtd. 27/5/2024 to the Executive Director, AIIMS, Patna requesting leave of 1 1/2 month to undergo induction training. Thereafter, she joined the Military Hospital at Jalandhar on 2/6/2024. The petitioner applied to Military Hospital, Jalandhar seeking sixty days leave in order to complete the academic session and to appear in the final examination at AIIMS, Patna which was granted by the hospital. The final examination of the session 2022-2024 was schedule in September, 2024 but due to her prolonged absence for about two months her attendance fell short of the prescribed threshold and she was not permitted by AIIMS, Patna to appear in the final examination held between 18/9/2024 to 24/9/2024. Being aggrieved by the same, the petitioner submitted a representation before the Dean Academics, AIIMS, Patna on 20/9/2024 requesting her to permit to appear in the supplementary examination as per Rule 19(I)(5) of the Rules and Regulations of M.Sc. Nursing Academic Courses, AIIMS, Patna (hereinafter referred to as the "M.Sc. Nursing Rules ").