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2025 Supreme(Pat) 444
IN THE HIGH COURT OF JUDICATURE AT PATNA
Anil Kumar Sinha, J.
Priyanka Sharma D/o Kiran Kumar - Petitioner
Versus
The Union of India through Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi and ors. - Respondent
Civil Writ Jurisdiction Case No.4663 of 2025
Decided On : 18-07-2025
For the Petitioner:Mr.Sudhir Kumar Tiwary, Advocate
For the Respondent: Mr.Additional Solicitor General, Mr. Bindhyachal Rai (Sr. Panel counsel)
Court allows petitioner's attendance in supplementary exam despite attendance shortfall due to military duty, emphasizing a beneficial interpretation of institutional rules.
Headnote:
Examination Matter – Petitioner, While having selected for the Military nursing Service and joined the Military Hospital at Jalandhar, sought permission to appear at the trial examination of the B.SC. Nursing course at the AIIMS, Patna, but was not given permission as her prolonged absence and not completing the required attendances – She had passed the 1st year of the said examination – The issue is limited to the fag end of her academic career inasmuch as the petitioner went for induction training in June, 2024 – Furthermore, Rule 9(iii)(b) of the M.Sc. Nursing Rules provides grant of thirty days of authorized leave which must also be kept in mind while assessing the petitioner's attendance and eligibility – In the facts of the case, the petitioner deserves an opportunity to appear in M.Sc. Nursing Final Examination July 2025, scheduled to commence from 21.07.2025 – Respondent no. 2 directed to allow the petitioner to appear in the M.Sc. Nursing Final Examination, 2025 – the necessary document/Admit Card must be issued in her favour by 19.7.2025 to enable her to appear in the examination – Writ application disposed. (Paras 12 to 14)
Judgment of Delhi High Court passed in W.P. (C) No. 6814 of 2011 Neeraj Bahl Vs. Guru Gobind Singh Indraprastha University; Judgment of Madras High Court passed in case of Controller of Examination, Anna University of Technology, Trichy District Vs. N.W. Fathimaa Sanam, 2012 SCC OnLine Mad. 2425—Distinguished.
| Table of Content |
|---|
| 1. responses from the opposing counsel regarding attendance rules. (Para 9) |
| 2. arguments on the rules regarding supplementary exams. (Para 10) |
| 3. court's interpretation and findings on the m.sc. nursing rules. (Para 11 , 12) |
| 4. final decision to allow petitioner to appear in the examination. (Para 14) |
JUDGMENT :
Anil Kumar Sinha, J.
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 21st July, 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 21.07.2025 to 26.07.2025.
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 16.09.2022 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 dated 27.05.2024 to the Executive Director, AIIMS, Patna requesting leave of 1½ month to undergo induction training. Thereafter, she joined the Military Hospital at Jalandhar on 02.06.2024. 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 18.09.2024 to 24.09.2024. Being aggrieved by the same, the petitioner submitted a representation before the Dean Academics, AIIMS, Patna on 20.09.2024 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”).
4. Mr. Sudhir Kumar Tiwary, learned counsel appearing for the petitioner referring to Rule 19(I)(5) of the M.Sc. Nursing Rules submits that the said Rule specifically permits the conduct of a supplementary examination for candidates who failed to attend the final examination due to any reason and such candidate shall be allowed to appear in the next subsequent supplementary examination which shall be conducted within six months.
5. After selection in the Military Nursing Services the petitioner duly intimated the institute by letter dated 25.06.2024 informing the institute about her selection and sought leave for 1½ months for induction training. The last examination was held in September, 2024 in which petitioner was not allowed to participate and now within six months final examination schedule has been announced for the session 2023-25 which is to commence from 21.07.2025. The petitioner at present is on leave from the Military Hospital, Jalandhar and as per the regulation the petitioner may be allowed to participate in the examination of M.Sc. Nursing Final Examination July 2025 course to be held from 21.07.2025 which can be treated as supplementary examination for the petitioner
6. On the other hand, Mr. Bindhyachal Rai, learned counsel for the respondents opposed the writ application primarily on the ground that M.Sc. Nursing course is a full time two year continuous programme requiring minimum 80% attendance in theory and practical as per Rule 5(ii) and 18(i
