ANITHA MARY JOHN Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) Rule Nisi.

(2.) All the writ petitions revolve around the same questions of law and fact. Some writ petitions were filed by the Managements of colleges and some petitions were filed by the students themselves. The writ petitions except WP Nos.16102 of 1999 and 16105 of 1999 were filed by the petitioners stating therein that the students of various Nursing Schools have submitted applications for appearing in the examinations to the respondent Board, but to their utter surprise they were not issued Hall-tickets and they were not being permitted to sit in the examinations. The examinations had to be conducted from 26/07/1999. This Court directed the Counsel appearing for the respondents to obtain instructions when the petitions came up on 16-7-1999. The Counsel could not obtain instructions and an order was passed that the petitioners should be allowed to sit in the examination provisionally subject to outcome of the writ petitions. Thereafter, counter was filed in which it was stated that, in terms of Regulations all those students who were not eligible to appear in the examinations of 2nd and 3rd year Nursing and Midwifery course were not issued Hall-tickets and their forms were rejected on the strength of the Regulations. Thereafter, two petitions being WP No.16102 of 1999 and WP No.16105 of 1999 came to be filed by the petitioners challenging the Regulations. Counters have been filed and the parties were heard at length, with their consent the writ petitions are disposed of at this stage.

(3.) The facts are not at all in dispute, it is only the interpretation of the Regulations which is the bone of contention in the present writ petitions. The Nursing Schools are established in pursuance of the Indian Nursing Council Act, 1947 and the Regulations prescribing the Syllabi, mode of admission and mode of examination etc., have been prepared on the strength of powers given to the competent authority in terms of Indian Nursing Council Act, 1947. This is also not at dispute that the regulations known as "Syllabi and Regulation for the courses in General Nursing Midwifery" are applicable to the candidates. All the students who were not allowed to sit in the examination for 2nd and 3rd year have not passed the previous examination in all subjects in first attempt. All of them have failed in the previous examination in two or more than two papers. It is the case of the respondents that unless a candidate passes examination completely he cannot be promoted to the next higher class and after promotion he has to undergo training for 11 months in the next higher class to be eligible to appear in the examination. The following facts are also not disputed, that the examination for the previous class was held in July/August, 1998, the results were declared in November, 1998, the supplementary examination for candidates who had failed was conducted in January, 1999 and the results of supplementary examination were declared in April, 1999. This has not been the pattern for the year 1998 only but this has been the pattern for all the years. In the year 1997 also the examinations were conducted in July/ August, 1997 and results were declared on 29/11/1997.