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On the grounds of competing interests of the health of students vis-à-vis providing nursing services to the public, the Allahabad High Court has asked the Uttar Pradesh government to respond to a plea against its decision to ask students of nursing institutes to report on campus.
The single bench of Justice Ashwani Kumar Mishra while dealing with a petition filed by nursing students who have assailed the decision of the State to resume their nursing course has observed that,
“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.”
This direction was passed in the petition filed by the few nursing students impugning government order dated May 7, 2020 “mandatorily requiring all final year’s law students of government and private nursing educational institutions to report on the campus. Many of the advocates were there on the behalf of the petitioner like Senior Advocate Anoop Trivedi, Vibhu Rai, and Abhinav Gaur, has contended that the decision of the state is inconsistent with the decision of Central Government as an order passed by the Chairman, National Executive Committee (NEC) under the Disaster Management Act, 2005, dated 29th June 2020 according to which all educational institutions are to remain closed till 31st July 2020. The council also highlighted a circular dated 14th May 2020 of the Indian Nursing Council as per which the academic session 2019-20 is extended till September/October 2020.
Manish Goel, the Counsel on the behalf of state has submitted that the decision of the state to reopen the nursing course is based upon a circular issued by the Ministry of Health & Family Welfare, dated 16th June 2020. He further submitted that it is also urged that nursing staff is otherwise required to meet the imminent need due to COVID- 19 Pandemic. The court has issued a notice and also granted liberty to the petitioner to implead the Union of India as also the Indian Nursing Council, New Delhi, and posted the matter for the next hearing on 8th July.
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