RENUKA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY an admission notice published on 23.5.2001 the Principal, College of Nursing; Berhampur invited applications in the prescribed form from the inservice Nursing Personnel working under the Health and Family Welfare Department of the State for selection and admission into Post Certificate B. Sc. Nursing course at the College of Nursing. Berhampur. In the said admission notice, it was, inter alia, stipulated that to be eligible for applying for two years Post Certificate B.Sc. Nursing, a candidate must have passed intermediate/+2 Examination or equivalent examination. Pursuant to the said admission notice, the petitioner submitted an application on 6.6.2001 in the prescribed form. Against column No. 18 of the prescribed application form which relates to particulars of academic qualification of the candidate, the petitioner indicated therein that she had passed High School Certificate Examination conducted by the Board of Secondary Education, Orissa and obtained B.A. Degree from the Indira Gandhi Open University, New Delhi. Since she was not selected and admitted into the Post Certificate B.Sc. Nursing course for the academic session 2001 2002, she has filed this writ petition for a direction to the opp. party No. 3 to select and admit her into the said Nursing course.

(2.) A counter affidavit has been filed, on behalf of the opp. parties and in paragraph 6 of the said affidavit of the opp. parties, it has been stated that the Government of Orissa in the Health and Family Welfare Department in its letter No. 40309 dated 25.11.1987 has indicated to the Director of Medical Education and Training, Orissa, the procedure to be followed in the matter of selection of candidates into Post Certificate B.Sc. Nursing course during the academic session 1986 1987 and as per the said procedure, 1/10th percentage of the marks secured in the Intermediate examination or equivalent examination is awarded. In Paragraph 7 of the said counter affidavit, it has been further stated that there has been no change till date in the said procedure for awarding marks introduced during the academic session 1986 87 except some partial modifications with regard to reservation of seats. In the said paragraph 7, a plea has been taken that although the petitioner was an applicant, in order to enable the authorities to award marks in the manner laid down in the letter No. 40309 dated 25.11.1987 of the Government of Orissa in the Health and Family Welfare Department, the petitioner did not furnish all the supporting documents. It has been further stated in paragraph 8 of the counter affidavit that though the application of the petitioner was processed and it was placed before the Selection Board meeting held on 10.7.2001 under the Chairmanship of opp. party No. 4, the same was rejected for the petitioner having not passed the qualifying examination, i.e., Intermediate or +2 or any equivalent examination as stipulated in the guidelines and the advertisement.

(3.) MR . D. K. Nanda, learned Additional Government Advocate, on the other hand, submitted that it will be clear from the averments in the counter affidavit filed on behalf of the opp. parties that 1/10th percentage of the marks secured in the Intermediate examination or equivalent examination by the candidate is to be taken into consideration while selecting the candidates for admission to the said Nursing course and since the petitioner had not admittedly taken the Intermediate examination or equivalent examination, her marks in the said examination were not available before the authorities for considering her case for selection to the Nursing, course. He further submitted that it will appear from the counter affidavit that the selection Board in its meeting held on 10.7.2001 also rejected the applications of the petitioner as she had not passed the qualifying examination, i.e., Intermediate/+2 equivalent examination as stipulated in the advertisement. According to Mr. Nanda, therefore, the authorities have acted in accordance with the advertisement as well as the procedure laid down by the Government in Letter No. 40309 dated 25.11.1987.