TARUN KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer of the petitioners in these writ applications is for a direction to the respondents to take their admission in General Nursing and Midwifery course which has been refused to them on the ground that they do not possess the requisite qualification for admission to the said course.

(2.) The case of the petitioners is that they have passed the Madhyama examination from Hindi Sahitya Sammelan, a constituent unit of Hindi Vishwavidyalaya, Allahabad. On the strength of the said educational qualification they had applied for their admission in the course in question pursuant to the newspaper advertisement dated 23-3-1991 (Annexure 1). But the same has been denied to them on the ground that Madhyama is not equivalent to 10 + 2 or the Intermediate examination held by any University/Board having recognition of the State Government or the Central Government.

(3.) Learned counsel for the petitioners has strenuously submitted that in view of the decision of the Bihar Government in the department of Personnel and Administrative Reforms dated 6-1-1987 (Annexure 4) and the interpretation given to the same by a Bench of this Court in the case of Nilam Kumari v. State of Bihar (C.W.J.C. No. 7123 of 1992) D/- on 21-4-1993, the petitioners ought to have been held to have possessed the requisite qualification entitling them to admission to the course in question and, therefore, they are entitled to a writ of mandamus for the reliefs claimed for.