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2023 Supreme(Del) 1824

PURUSHAINDRA KUMAR KAURAV
Aayushi Dineshbhai Prajapati – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Archana Pathak Dave, Mr. Kumar Prashant, Mr. Pramod Kumar Vishnoi & Mr. Avnish Dave, Advocates, for the Petitioner.
Mr. Shrey Sharawat, Special Panel Counsel for R-1/UOI with Mr. Prajesh Vikram Srivastava, GP.
Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr. Michelle B. Das, Ms. Bhanu Gulati, Ms. Ramanpreet Kaur & Mr. Aabhaas Sukhramani, Advocates, for the R-2.
Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Ms. Kunjla Bhardwaj, Mr. Madhav Bajaj & Mr. Durgesh Nandini, Advocates, for the NBE/R-3.

JUDGMENT

1. This petition under Article 226 of the Constitution of India seeks to challenge the communication dated 29.08.2022 (Annexure P- 1) issued by Union of India through the Ministry of Health and Family Welfare, Department of Health and Family Welfare, New Delhi, whereby, in response to the letter dated 28.07.2022, for issuance of an eligibility certificate in favour of the petitioner, the concerned Ministry has responded negatively.

2. The facts of the case are as under:

(i) In March, 2013, the petitioner cleared Higher Secondary Certificate Examination (12th Examination) from the Gujarat Secondary & Higher Secondary Examination Board, Gandhinagar with Physics, Chemistry, and Mathematics as her primary subjects with an aggregate of 54.44% marks.

(ii) In April, 2014, the petitioner took admission in National Institute of Open Schooling (hereinafter referred as `NIOS') to obtain the same qualification with the combination of Biology being one of the subjects along with Physics and Chemistry.

(iii) On 14.11.2014, the petitioner obtained the certificate of clearing Senior Secondary School Examination through NIOS.

(iv) In pursuance to the request of the petitioner, the Ministry o

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