SANJAY PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Director (AIDS), Medical and Health Service, Rajasthan, Jaipur issued a notification dated 4. 4. 2000 (Annex. 3 to the main writ petition) inviting application from the candidates possessing requisite qualification for admission to General Nursing Training Course for the year 2000 with the reservation of 30% for males and 70% for females, in all nursing training Schools in Rajasthan. THE same was challenged by the appellant, who is the original petitioner by way of writ petition No. 1837/2000 on two grounds (i) in absence of Rules, no reservation can be provided (ii) even if reservation is permissible, then also, it cannot be more than 50% in view of the several judgments of Supreme Court.

(2.) HOWEVER, the learned Single Judge of this Court by his judgment and order dated 13. 7. 2000 dismissed the writ petition on the ground that Rule 7 of the General Nursing Training Course Rules, 1990 clearly provides for reservation and looking to the nature and requirement of service of nurses, 70% reservation in favour of female candidates was permissible.

(3.) IN our considered opinion the learned Single Judge when refused to exercise his discretion under Article 226 of the Constitution in favour of the petitioner, then we do not see any reason to interfere with the same in the special appeal.