Smt Roopa Yadav vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 20 OF JULY, 2026
WRIT PETITION No. 43759 of 2025
SMT ROOPA YADAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jitendra Kumar Sharma, Advocate with Ms Krati Sachdev
appeared for petitioner.
ORDER
The present petition under Article 226 of the Constitution of India has
been filed challenging the order dated 24.10.2025 passed by respondent No.
1, whereby the petitioner's request for correction of her photograph in the
GNM marksheets and other academic records has been rejected.
2. It is the case of the petitioner that she was admitted to the GNM
Course for the academic session 2019-20 in respondent No. 2 College, which
is recognized by respondent No. 1, Madhya Pradesh State Nurses
Registration Council. At the time of admission, the petitioner submitted all
requisite documents, including her own photographs, which were duly
affixed to the admission form and admission register maintained by the
institution. After completion of the online registration process, when the
first-year admit card was issued, she was surprised to find that the
photograph of another lady had been uploaded in place of her own
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 29-07-2026
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photograph. Immediately thereafter, she approached the authorities of

respondent No. 2, who informed her that the incorrect photograph had been
uploaded inadvertently during the online registration process and assured her
that the mistake would be rectified through respondent No. 1. Despite the
incorrect photograph appearing on the admit card, she was permitted to
appear in the First Year GNM Examination. After declaration of the First
Year result, the petitioner was issued a marksheet carrying the same incorrect
photograph. Thereafter, respondent No. 2 addressed a communication dated
13.10.2021 to respondent No. 1 requesting correction of the petitioner's
photograph. However, no action was taken. Similarly, while issuing the
admit card for the Second Year Examination, the same incorrect photograph
continued to appear. The petitioner again requested the authorities to correct
the error, pursuant to which respondent No. 2 sent another communication
dated 26.08.2022 requesting respondent No. 1 to rectify the mistake.
Nevertheless, the petitioner was permitted to appear in the Second Year
Examination and, after successfully passing the same, the Second Year
marksheet was also issued with the photograph of another lady. The same
error continued during the Third Year Examination. Although the petitioner
repeatedly approached the authorities and was allowed to appear in the
examination, the Third Year marksheet also carried the incorrect photograph.
Thereafter, another representation dated 24.06.2024 was submitted through
the college authorities, and the petitioner also sought information under the
Right to Information Act regarding the action taken on her representation,
but no effective steps were taken by the respondents. Being left with no
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alternative, the petitioner approached this Court by filing W.P. No.

6753/2025, which was disposed of on 01.08.2025 with a direction to
respondent No. 1 to consider and decide a fresh representation. Pursuant
thereto, respondent No. 1 passed the impugned order dated 24.10.2025
rejecting the petitioner's request for correction of the photograph in her
academic records, leading to the filing of the present petition.
3. Learned counsel for the petitioner submits that the petitioner has
never committed any fraud, misrepresentation, or impersonation. It is
contended that, from the very inception, the petitioner had submitted her
correct photograph at the time of admission, which is duly reflected in the
admission records maintained by respondent No. 2. The incorrect photograph
came to be uploaded solely due to a technical or clerical mistake committed
during the process of online registration by the respondent authorities. It is
further submitted that immediately after noticing the mistake in the First
Year admit card, the petitioner continuously approached respondent Nos. 1
and 2 for rectification. Respondent No. 2 itself repeatedly addressed
communications dated 13.10.2021 and 26.08.2022 and thereafter forwarded
the petitioner's representation dated 24.06.2024 requesting respondent No. 1
to correct the error. Despite having complete knowledge of the mistake,
respondent No. 1 failed to rectify the same. Learned counsel further submits
that, notwithstanding the incorrect photograph appearing on every admit
card, the respondents themselves permitted the petitioner to appear in all
three years' examinations, evaluated her answer books, declared her
successful, and issued marksheets in her favour. Having accepted the
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Signing time: 29-07-2026
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petitioner's identity throughout the course and examination process, the

respondents cannot now refuse to correct the clerical error, particularly when
the mistake was never attributable to the petitioner. It is also argued that the
petitioner has successfully completed the GNM Course but is unable to
obtain registration as a qualified nurse because all her marksheets contain the
photograph of another person. The impugned order rejecting the request for
correction is arbitrary, unreasonable, and violative of Articles 14 and 21 of
the Constitution of India. The petitioner is being made to suffer for no fault
of her own despite repeatedly bringing the mistake to the notice of the
respondents.
4. Per contra, learned counsel for the respondents contends that the
petitioner had knowledge of the alleged discrepancy in the photograph at
least from the year 2020, when the First Year admit card was issued, yet she
approached this Court only after an inordinate delay of about five years. The
petition, therefore, suffers from gross delay and laches. It is further submitted
that, under the procedure prescribed by the Madhya Pradesh State Nurses
Registration Council, the entire data, including the photograph of the student,
is uploaded online by the concerned nursing institution. The Council
prepares the registration records, admit cards, and marksheets strictly on the
basis of the information and documents uploaded by the institution. As per
the records available with the Council, the photograph uploaded at the time
of registration was consistently reflected in the registration records, admit
cards, and marksheets. Learned counsel further submits that the petitioner
appeared in all three examinations on the strength of admit cards bearing the
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Signing time: 29-07-2026
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same photograph. Had there been any mismatch in identity, she could not

have been permitted to appear in the examinations. The controversy,
therefore, involves disputed questions of fact regarding the identity of the
candidate, which cannot be adjudicated in the present writ petition. It is also
argued that there is no statutory provision or prescribed procedure under the
applicable Rules or the Madhya Pradesh Nurses Registration Act, 1972, for
changing the photograph in the marksheets or registration records after a
lapse of several years. Permitting such correction at this stage would
adversely affect the sanctity and transparency of the registration and
examination process. Learned counsel lastly submits that the impugned order
dated 24.10.2025 has been passed after due consideration of the petitioner's
representation and does not suffer from any illegality, arbitrariness, or
perversity. Accordingly, it is prayed that the writ petition be dismissed with
costs.
5. At this stage, learned counsel for the petitioner submits that the
petitioner had uploaded her correct documents and photograph with the
Institute, and any error in uploading or verification of the photograph is
attributable to the respondents, not to the petitioner. Immediately upon
noticing the discrepancy, the petitioner approached the Institute, which
assured her that the error would be rectified. It is further submitted that the
petitioner was permitted to appear in all the examinations, completed the
course successfully, and her identity has never been disputed. The
respondents cannot take advantage of their own negligence in failing to
verify the documents at the time of registration. It is also submitted that the
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plea of delay is untenable, as the petitioner was continuously pursuing the

matter and the respondents neither rejected her request nor communicated
any decision for several years. There is no allegation of impersonation or
fraud, and therefore, the respondents are duty-bound to correct the erroneous
photograph in the official records in the interest of justice.
6. However, learned counsel for the respondents has filed I.A. No.
10292/2026, an application for taking additional documents on record, and
submitted that the marksheets issued in favour of the petitioner were
generated strictly on the basis of the data and photograph uploaded at the
time of online enrolment through the MP Online portal by the concerned
nursing college. The Council merely relied upon the data furnished through
the online system. It is further submitted that, in compliance with the order
dated 01.07.2026, the respondents have produced the original online
enrolment form and the marksheets, which clearly demonstrate that the
photograph appearing in the enrolment application is the same as the
photograph printed on all the marksheets. Thus, no error has occurred on the
part of respondent No. 1 Council. It is lastly submitted that if any
discrepancy has occurred, the same is attributable either to the concerned
nursing college or to the petitioner at the time of uploading the online
enrolment form. Therefore, no direction can be issued against respondent No.
1 Council to alter its official records.
7. Heard the counsel for the parties and perused the record.
8. From a perusal of the record, it is evident that the petitioner had
submitted her original photograph at the time of admission, and the same is
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duly reflected in the Admission Register (Annexure P/2) maintained by

respondent No. 2. It is further apparent that the petitioner's correct
photograph is also affixed in the application form (Annexure P/5) as well as
in Annexure P/7. Thus, the original records maintained by the institution
consistently bear the petitioner's correct photograph. However, while
generating the online enrolment and the admit cards, the photograph of
another candidate came to be uploaded. The material available on record
indicates that the discrepancy appears to have occurred during the process of
online uploading through the M.P. Online Portal. The petitioner had brought
the mistake to the notice of the authorities immediately after issuance of the
First Year admit card and continued to pursue the matter throughout the
duration of the course. Despite having knowledge of the discrepancy, the
respondents permitted the petitioner to appear in all the examinations,
accepted her attendance, evaluated her answer books, declared her
successful, and issued the marksheets. The respondents have not alleged
anywhere that the petitioner had indulged in impersonation, fraud, or any
malpractice. If the respondents were of the opinion that there was any case of
impersonation, it was incumbent upon them to hold a proper enquiry before
rejecting the petitioner's request. Admittedly, no such enquiry has ever been
conducted. In the absence of any enquiry or finding regarding impersonation
or fraud, the respondents could not have rejected the petitioner's request
merely on the ground that the photograph appearing in the online records
was different. The petitioner cannot be made to suffer on account of a
clerical or technical mistake committed during the online registration
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process, particularly when the original institutional records consistently

establish her identity. The action of the respondents in rejecting the
petitioner's request is, therefore, arbitrary, unreasonable, and unsustainable in
law.
9. Accordingly, the impugned order dated 24.10.2025 is hereby
quashed. The writ petition is allowed. The respondents are directed to verify
the petitioner's identity from the original admission records, including the
Admission Register (Annexure P/2), the application form (Annexure P/5),
Annexure P/7, and other relevant institutional records. Upon such
verification, the respondents shall correct the petitioner's photograph in all
official records and thereafter issue fresh corrected marksheets and other
consequential documents in favour of the petitioner within a period of six
weeks from the date of receipt of a certified copy of this order.
10. No order as to costs.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)

Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 29-07-2026
19:21:57