SUTHAR ILABEN NATUBHAI Vs. REGISTRAR GUJARAT NURSING COUNCIL

JUDGEMENT

(1.) Mr. Pradyuman Bhatt appears for the petitioner. None present for the respondents in spite of service.

(2.) Heard learned Counsel for the petitioner. The petitioner is a student of threeyear nursing course which is conducted by the Gujarat Nursing Council. While the petitioner was promoted to the third and final year of the nursing course, at the annual examinations, she cleared Paper I and Paper II which are theory papers. However, she failed in the practicals at the annual examination. As per the scheme she appeared at two successive supplementary examinations of practicals with the benefit of exemption from appearing at the theory papers which she has passed. However, she failed in the successive attempts also. Last of the mark-sheet dated 25-7-1993 has been filed along with the petition. The prayer of the petitioner is to quash or set aside the rules which lay down that if a student fails in the last year of the Nursing Examination has to re-appear from study ab initio; as such rules are arbitrary, capricious, violative of provisions of Art. 14 of the Constitution of India, violative of principles of natural justice, null, void, non est etc., and has sought mandamus against the respondents to allow the petitioner in the third year examination of General Nursing and Midwifery once again.

(3.) Having carefully considered the contention raised by learned Counsel and perused the rules governing the examinations, I am of the opinion that the petition must fail. The scheme of the examination disclosed in clauses (2) and (3) of the eligibility for admission to examination as under :