{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4418 OF 2009 Smt. Vaijayanta Nivrutti Kamle PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS ....... Mr.C.R.Bharaswadkar, Advocate for petitioner Mr.N.N.Jadhav, AGP for respondents State ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 17th August 2009 PER COURT: 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for issuance of a writ of mandamus directing respondent No.2 to consider the case of the petitioner as staff nurse from “Project Affected Persons” category. 2. According to the petitioner, the petitioner had passed her HSC examination in the year 1992 and had obtained diploma in ‘Nursing and Midwifery’. The petitioner claims to be belonging to Scheduled Caste category and also claims to be a candidate from “Project Affected Persons”. The petitioner, in pursuance of a notification dated 08.07.2008 inviting applications for the posts of staff nurse, applied for the post of staff nurse from project affected persons category. Since the petitioner {2} was eligible, the petitioner was permitted to appear for the written examination. The petitioner secured 56 marks out of 150. The relevant rules contemplate that a candidate must obtain minimum 50% marks in order to be eligible for being appointed as a staff nurse. The aforesaid rule, namely rule 8.3, as it appears in the brochure relating to admission, reads thus - “To be eligible for selection to recruitment for staff nurse post a candidate must secure 50% marks in competitive written examination.” Undisputedly, the petitioner has secured 56 marks out of 150 i.e. approximately 38 %. The petitioner has miserably failed short of the requisite 50 % and by this petition, therefore, claims that the aforesaid rule, which provides for minimum 50% marks in the competitive examination, is unreasonable. 3. We have heard Mr.Bharaswadkar, learned counsel for the petitioner and Mr.Jadhav, learned AGP. We do not find this rule to be unreasonable in imposing the condition about a candidate obtaining 50% marks in the competitive examination in order to be eligible for selection to the recruitment for the post of a staff nurse. Moreover, the petitioner had participated in the selection process and now cannot turn around and question the rule as unreasonable. There is no merit in the petition and the same deserves to be dismissed. Accordingly, writ petition is dismissed summarily with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp4418-09