IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 24023 of 2005 Between: Ning Thoujam Rinabai Devi D/o.Ning Joysingh, Hindu, 1ST Year B.Sc., Nursing, Tirumala College of Nursing, Armoor, Nizamabad District rep by her father natural guardian Ning Joysingh, S/o.Bheer Chand Singh, Imphal, Manipur State. ..... PETITIONER AND 1. The Government of A.P.rep by its Principal Secretary, Medical, Health and Family Welfare, Secretariat Buildings, Hyderabad. 2. The N.T.R University of Health Sciences, rep by its Registrar, Vijayawada. 3. The Principal, Tirumala College of Nursing, Armoor, Nizamabad District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ order or direction more one in the nature of writ of mandamus, and declare the proceedings of the 2nd respondent issued in reference No.1536/B.SC (Nursing) EA5/2004 dt.4.10.2005 addressed to the 3rd respondent so far as rejecting the admission of the petitioner into B.SC (Nursing) Course in the 3rd respondent College in the academic year 2004-05 on the ground that the petitioner was under aged as on 1st July, 2004 as illegal, arbitrary, violative of principles of natural justice and contrary to Rule 8 (iii) of the Andhra Pradesh Private Colleges of Nursing (Grant of Permission to Private Colleges or institutions and admission into B.Sc., Nursing Course) Rules 1997 issued Vide G.O.Ms No.145 Health Medical and Family Welfare (M2) Department Dt.18.5.1998 and consequently direct the respondents to allow the petitioner to prosecute her studies in B.SC, (Nursing) Course from the 3rd respondent college by allowing her to take her 1st year ﬁnal examinations scheduled to be held from 14.11.2005 or thereafter and pass such other order or orders as this Hon’ble Court may deems ﬁt and proper under the circumstances of the case. Counsel for the Petitioner: MR.M.SUBBA REDDY Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FAMILY WELFARE Counsel for respondent No.2: Standing counsel for Dr.NTR University of Health Sciences The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24023 of 2005 ORDER: The petitioner is resident of Imphal in Manipur State. She was admitted to four-year B.Sc., Nursing Course in third respondent college. At the time of admission, she produced a certiﬁcate showing her date of birth as 03.03.1988. As per Regulations for B.Sc., Nursing of Dr.NTR University of Health Sciences (Regulations, for brevity), a candidate for admission to B.Sc., (Nursing) (four-year degree course) should have completed seventeen years as on 31st December of the year of admission. She was admitted for academic year 2004-2005 and therefore, she has to show that she had completed seventeen years on 31.12.2004. After admissions, third respondent as required under Regulations, communicated the list of candidates admitted under free quota as well as management quota. The name of the petitioner was also included in the list. The second respondent University by communication, dated 04.10.2005 communicated the list of candidates approved/non- approved for the academic year 2004-2005. Petitioner’s admission was not approved on the ground that she was under aged. Be it noted, at the time of admission, second respondent gave a certiﬁcate to the eﬀect that the C.B.S.E., certiﬁcate of petitioner is equivalent to Intermediate course in Andhra Pradesh. When her admission was not approved, petitioner realised a mistake in her date of birth that occurred in Date of Birth certiﬁcate as 03.03.1988. According to her, her actual date of birth is 03.03.1987. She accordingly approached the Registrar of Births and Deaths, Government of Manipur, Department of Rural Development and Panchayats (2/EII), Sauombung, Imphal East District to the eﬀect that her date of birth is 03.03.1987. After doing so, she ﬁled instant writ petition questioning communication, dated 04.10.2005 of second respondent to third respondent whereby and whereunder the admission of petitioner was not approved. This Court heard learned counsel for petitioner and learned standing counsel for Dr.NTR University of Health Sciences. If the date of birth of petitioner is taken as 03.03.1988, she would not be seventeen years as on 31st December 2004. She would be short of three months. If the petitioner’s date of birth is taken as 03.03.1987, she would be more than seventeen years as on 31st December 2004. As per Regulation 3(a) of the Regulations, a candidate should have completed seventeen years as on 31st December of the year of admission i.e., 2004 in this case. The birth certiﬁcate, dated 05.11.2005 issued by Registrar of Births, Sauombung, is a piece of evidence, which cannot be ignored. Indeed as has been decided by the Courts, the birth certiﬁcate issued under Section 12 read with Section 17 of Registration of Births and Deaths Act, 1969, is relevant while deciding age of person. The said certiﬁcate has been ﬁled along with W.P.M.P.No.26270 of 2006, but no counter aﬃdavit is ﬁled opposing the same or raising any objection. Therefore, this Court does not see any strong reasons to reject the same. Accepting the said Birth certiﬁcate, this Court holds that rejection of approval of admission of petitioner to B.Sc., (Nursing) four-year degree course on the ground that she is under aged is unsustainable. Further, pursuant to order of this Court, petitioner has already completed four years course and is likely to take ﬁnal year examination. Keeping this in view, the writ petition is allowed and University is directed to approve the admission of petitioner. The writ petition is accordingly allowed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 16.10.2008 pln ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. Two CCs to Government Pleader for Medical, Health and Family Welfare, A.P.High Court Buildings, Hyderabad (OUT). 2. Two CD copies.