IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7276 of 2009 1. PRITI VERMA, D/O SHRI RAMDEO PRASAD, R/V + P.O. BEN, P.S. SILAO, DISTRICT NALANDA. 2. KUMARI MINA, DAUGHTER OF LATE SHARBDEO SINGH, R/V MAIDANIA, P.O. SHEWTAPUR, P.S. MAIRWA, DISTRICT SIWAN. 3. URMILA KUMARI, D/O SHRI SUDARSHAN PRASAD,M R/V GANGAULI CHANDRAULI, P.S. EKMA, DISTRICT SARAN. 4. RINA KUMARI, D/O SHRI RAMA SHANKAR YADAV, R/V CHAKDEHA, P.S. ANDAR, DISTRICT SIWAN--------PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION & FAMILY WELFARE, VIKAS BHAWAN, PATNA. 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 3. THE DEPUTY DIRECTOR(TRAINING), HEALTH SERVICES, BIHAR, PATNA. 4. BIHAR NURSES REGISTRATION COUNCIL, VIKAS BHAWAN, PATNA THRUGH ITS PRESIDENT. 5. THE REGISTRAR, BIHAR NURSES REGISTRATION COUNCIL, VIKAS BHAWAN, PATNA. 6. THE PRINCIPAL, RAJ ANM TRAINING SCHOOL, BAWAN BIGHA, KANHAULI, MUZAFFARPUR--------RESPONDENTS. ----------- 03. 07.07.2009 Heard learned counsel for the petitioners, State and the counsel for the Registrar, Bihar Nurses Registration Council, Vikas Bhawan, Patna, respondent no.5. 2. Petitioners are the students of Raj ANM Training School, Bawan Bigha, Kanhauli, Muzaffarpur(hereinafter referred to as “the school”). They were admitted in the nursing course of the school in October, 2007. They are not being allowed to appear in the nursing examination conducted by respondent no.5 as it is said that in terms of the revised syllabus issued by the Indian Nursing Council with effect from Session 2007-08, admission in any nursing school can take place only once a year and petitioner ought not to have been admitted in October, 2007. 3. Such submission raised on behalf of respondent no.5 is being refuted by the counsel for the petitioner with reference to the - 2 - order of the Directorate, Health Services, Bihar, Patna bearing Memo No. 32(6) dated 11.1.2008, Annexure-3 whereunder the school was asked to take admission of 150 students in the nursing course only once a year prior thereto in terms of the order dated 28.8.2004 of the Directorate, Health Services, Bihar, Patna bearing Memo No. 923(6), Annexure-4 the school was taking admission of 150 students twice a year, namely in April and in October of every year. Reference of such order is also found noticed in the report of the authorities of the State Government bearing Memo No. 171 dated 6.3.2007, Annexure-2. 4. As the petitioners were admitted in the school with reference to the order of the Directorate, Health Services, Bihar, Patna bearing Memo No. 923(6) dated 28.8.2004, Annexure-4 in October, 2007 before the issue of the order bearing Memo No. 32(6) dated 11.1.2008, Anexure-3, they cannot be deprived of their request to appear in the nursing examination. Accordingly, I direct the respondent nos. 2 and 4 to issue necessary forms and accept the fees of the petitioners for appearing in the ensuing nursing examination scheduled to be held from 18.8.2009. 5. This application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)