CW 3997/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.3997/2010 Mithlesh Kr. Tank Versus Raj. Univ. Of Health & Science & Ors 2-Civil Writ Petition No.3740/2010 Bimla Kumari Koodi & (3) Ors Versus Raj. Univ. Of Health & Science & Ors Date of Order ::: 23/03/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Sanjeev Prakash Sharma, for petitioners. Dr. YC Sharma, for respondent University Mr. Virendra Lodha, for respondent Both these petitions filed jointly by four petitioners (Mithlesh Kumar Tank in CWP- 3997/2010; & Bimla Kumari Koodi, Charan Singh, Mahesh Kumar Thakur in CWP-3740/2010) since involve identical controversy hence were heard together and are being finally disposed of at joint request of the parties by present order. Instant petitions have been filed by the petitioners seeking permission to appear in B.Sc. (Nursing) Part-II examination having commenced on 22/03/2010 while holding them to be eligible in terms of Ord.299-V-6 of the University Ordinance. Indisputably, on the basis of their senior secondary School Examination the petitioners joined 4 years course of B.Sc. (Nursing) in two different nursing colleges (1) NIMT College of Nursing Jaipur & (2) Jai Durga College of Nursing Jaipur; & (3) Pink CW 3997/10 //2// City College of Nursing, Jaipur; and after having completed their regular studies for one year, they became eligible in terms of Ord.299-V-5 to appear in B.Sc. (Nursing) Part- I examination, 2008 in which they appeared but since failed in more than two subjects, were declared failed by respondent University in B.Sc. Part-I (Nursing) and were required to re-appear for all the papers while rejoining the classes from the beginning of academic session as contemplated in Ord.299-V-14. However, after having undergone studies afresh in one academic year, petitioners appeared in B.Sc.(Nursing) Part-I examination, held in between 08th February 2010 to 02nd March, 2010; at this stage, they approached by way of instant petitions with common grievance that result of B.Sc. (Nursing) Part-I is still awaited, declaration of which is beyond their control, but they had joined regular studies in B.Sc. (Nursing) Part-II classes and having undergone clinical training - on its completion, are eligible to appear in B.Sc. (Nursing) Part-II examination having commenced on 22/03/2010 in which they are not permitted to appear. Notices were issued on 19/03/2010; and for interim relief, matter was fixed after three days. However, reply could not have been filed but Counsel for respondent-University have appeared and opposed. CW 3997/10 //3// Counsel for petitioners submits that once the petitioners have joined regular studies in B.Sc.(Nursing) Part-II classes besides having participated in clinical training, they are eligible to appear in B.Sc. (Nursing) Part-II examination in terms of Ord.299-V-6 but respondents have arbitrarily not permitted them to appear in B.Sc. (Nursing) Part-II examination commenced on 22/03/2010. Counsel further submits that after annual examinations are held, 2nd examination for remanded candidates has to be held within 4-6 months after declaration of the result, but in the instant case, B.Sc. (Nursing) Part- I examination was held by respondents after almost a year and delay in holding examination will not cause prejudice to the rights of petitioners and once they became eligible, respondents cannot be held to be justified in not permitting them to appear in the examination of B.Sc. Part-II; and their action is in clear violation of Art.14 of the Constitution of India. However, certificates have not been placed on record but Xerox copies whereof have been produced for perusal in course of arguments to show that after the petitioners have deposited fees of B.Sc. (Nursing) Part- II, have undergone regular studies in classes CW 3997/10 //4// besides participating in clinical training. Counsel for respondent-University on the other hand submits that initially the petitioners indisputably failed in more than two subjects in B.Sc. Part-I (Nursing) in which they were declared failed and could not be promoted in next higher class of B.Sc. Part-II (Nursing) in terms of Ord.299-V-9. Counsel submits that if Ord.299-V-6 & V-9 is read with Ord.299-V-14, it is explicitly clear that if student fails in more than two papers, he will be declared as failed; thereby in- eligible to be promoted to next higher class of B.Sc (Nursing) Part-II and are further required to re-appear for all the papers by rejoining the classes from the beginning of the session. Counsel further submits that when the petitioners are supposed to join next higher classes from the beginning of academic session in terms of Ord.299-V-6 only after declaration of result of their B.Sc. (Part-I) examination, if passed, which is still awaited, the certificates being referred to in course of arguments, for permitting them to join B.Sc. (Nursing) Part-II and undergo clinical training, are in clear contravention of University Ordinances and if the Institutes have permitted the petitioners to join B.Sc. (Nursing) Part-II regular classes, without CW 3997/10 //5// following the procedure laid down under Ord.299-V-6 read with Ord.299-V-9 & V-14, that will not confer any right in their favour; as such they have rightly not permitted the petitioners to appear in B.Sc. (Nursing) Part- II examination commenced on 22/03/2010. This Court has considered contentions of Counsel for the parties and with their assistance, examined the material on record. Relevant Ords.299-V-4, 299-V-5, 299-V-6, 299- V-9 & 299-V-14 are quoted ad infra:- “O.299-V-4 - There shall be annual examinations and a second examination for the remanded candidates within a period of 4 to 6 months after the declaration of result. O.299-V-5 – A candidate who has completed the regular course of studies for one academic year shall be eligible for B.Sc. Nursing Part-I examination. O.299-V-6 – A candidate who has passed B.Sc. Nursing Part-I examination will be promoted to B.Sc. Nursing Part-II course and after completion of regular course of studies for one academic year shall be eligible for B.Sc. Nursing Part-II examination. Or A candidate who has failed in any two papers will also be promoted to the B.Sc. Nursing Part-II course and shall also be eligible for examination to B.Sc. Nursing Part-II. The result of examination of B.Sc. Nursing Part-II will be kept withheld and declared only when the candidate has passed all the papers of B.Sc. Nursing Part-I examination. O.299-V-9 – A candidate failing in more than two papers will be declared as failed and shall not be promoted to the next higher class of B.Sc. Nursing. O.299-V-14 – Candidates who have failed in more than two papers are required to re-appear for all the papers and for which they should re-join the classes from the beginning of the session. “ (emphasis added) Taking note of conjoint reading of provisions CW 3997/10 //6// contained in Ord.299-V quoted supra, it explicitly depicts that only such candidates having passed B.Sc.(Nursing) Part-I are promoted to next higher class (B.Sc.(Nursing)- Part-II) and only after completion of regular course of study of one academic year thereof, they are made eligible for B.Sc. Part-II (Nursing) examination. However, at the same time, a candidate if having failed in any two papers of B.Sc. (Nursing) Part-I examination will be promoted to B.Sc.(Nursing) Part-II; but result whereof will be kept withheld and declared only when the candidate has passed all the papers of B.Sc.(Nursing) Part-I examination; and as per Ord.299-V-9, a student if having failed in more than two papers will be declared as failed; thereby are in-eligible for being promoted to the next higher class of B.Sc. (nursing) Part-II; and that apart, under Ord.299-V-14, candidates if having failed in more than two papers are required to reappear in all the papers, for which they should re- join the classes from the beginning of the session. Indisputably, petitioners since having failed in more than two papers of B.Sc. Part-I (Nursing), they were declared failed in B.Sc. Part-I (Nursing) and were not promoted to next higher class of B.Sc. (Nursing) Part-II; on CW 3997/10 //7// the contrary, are required to reappear in all the papers after they rejoin classes from the beginning of academic session in terms of Ord.299-V-14; and only after completion of one academic year, petitioners became eligible to appear in B.Sc. (Nursing) Part-I in which they appeared in between 08th February, 2010 to 2nd March, 2010 – result whereof is still awaited and they will be promoted to B.Sc. (Nursing)- Part-II only if declared passed in all papers and if declared failed in any two papers of Part-I examination, they will certainly be promoted in B.Sc. (Nursing) Part-II but result of its examination will be withheld and declared only after the candidates pass all papers of B.Sc. (Nursing) Part-I examination in terms of Ord.299-V-6. In the opinion of this Court, unless petitioners having passed B.Sc. (Nursing) Part-I, were eligible to be promoted to next higher class of B.Sc. (Nursing) Part-II and only after having completed regular course of studies for one academic year as contemplated under Ord.299-V-6, that alone will make them eligible to appear in B.Sc. (Nursing) Part-II examination. Indisputably the petitioners have neither completed regular studies for one academic year, which could be possible only after they are declared passed in B.Sc. (Nursing) Part-I examination in terms of CW 3997/10 //8// Ord.299-V-6 – in the absence whereof, they cannot be held to be eligible to appear in B.Sc. (Nursing) Part-II examination commenced on 22/03/2010. Submission made by Counsel for petitioners in respect of second examination for the remanded candidates for being held within 4-6 months after the declaration of the result, and about the delay being not fatal for them since the time is essence for their career, is of no substance for the reason that second examination for remanded candidates within 4-6 months appears to be held in terms of Ord.299-V-4 in respect of those who failed in any two papers or for such students of old scheme. Submission made by counsel that petitioners have deposited fees for admission in B.Sc. (Nursing) Part-II as regular students vide receipts and completed clinical training vide certificates (issued by NIMT College & Jai Durga College-respondents) produced for perusal during arguments, is of no substance for the reason that if they were not eligible for being promoted to B.Sc. (Nursing) Part-II course in terms of Ord.299-V-9 and are required to appear in all the papers after rejoining regular classes from the beginning of academic session in terms of Ord.299-V-14. However, if in contravention of Ord.299-V-9 CW 3997/10 //9// read with Ord.299-V-14 the Institutes have promoted the petitioners to attend next higher class (B.Sc. Nursing Part-II) by getting admission fees deposited and permitting them to undergo clinical training, that will not confer any right for being eligible to appear in B.Sc. (Nursing) Part-II examination. At the same time, this Court would like to observe that if the students are being misguided by Institutes like respondents, as alleged, this Court can certainly take a judicial notice that students may not be well aware of scheme of University's Ordinance in regard to B.Sc. (Nursing) course, but the institutes must be aware of that Scheme; and if petitioners could not be promoted to next higher class in terms of Ord.299-V-9 & 299-V- 14, there appears to be no justification, as to why the Institutes (respondents) have promoted petitioners by getting admission fees deposited and permitting them to attend next higher class besides clinical training of B.Sc. (Nursing) Part-II while indisputably they are not eligible; however, if still they are promoted as is prima facie apparent from certificates & receipts of admission fees, placed before the Court for perusal, this Court considers it appropriate to observe that some action deserves to be taken by respondents State authority while holding CW 3997/10 //10// inquiry in accordance with law against such institutes (including respondents) which have granted admissions to students by misguiding them to join next higher class on acceptance of admission fees knowing fully well that they are not eligible to join higher class. This Court finds no justification and error being committed by respondent University warranting interference in the action impugned herein. Consequently, writ petitions fail and are hereby dismissed. No order as to costs. However, copy of this order be sent to the respondent-University and the Chief Secretary Government of Rajasthan Jaipur for taking appropriate action against respondents- Institute as observed (supra). (Ajay Rastogi), J. K.Khatri/p10/ 3997CW10Mar23Ds(2)Nrsng.doc