PURSHOTTAM DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE 36 special appeals filed under Section 18 of the Rajasthan High Court Ordinance, 1949 - arise out of common Judgment rendered by a learned Single Judge of this Court in S.B. Civil Writ Petition No. 397 of 1990 Ashok Kumar Jangid v. State of Rajasthan and 91 others connected Writ Petitions decided on November 5, 1990 and, therefore, they were heard together and are being disposed of by a common judgment.

(2.) ACTUALLY , 49 special appeals were filed but 13 special appeals have been dismissed as not pressed because those 13 appellants have been granted admission in Rajasthan General Nursing Course (for short 'the RNRC Course') during the pendency of their special appeals.

(3.) HOW ever, persons belonging to other districts filed lot of Writ petitions before this Court claiming that the residence was never made a condition of the advertisement and therefore, the State Govt. should not have issued orders giving preference in admission to the RNRC Course to the residents of Barmer and Jaisalmer Districts. It was submitted that a number of persons who are more meritorious have been left out where as they had a right to be admitted in RNRC Course at Barmer Centre. It was further abmitted that the residence or backwardnees of the area should not have been mode a criteria for providing reservation to the candidates of these two districts in admission to the RNRC Course. Such a course has not been autheriesed by the Indian Nursing Council functioning under the Indian Nursing Council Act. 1947 as also by the Rajasthan Nurses, Midwives, Health Visitors and Auxiliary Nurses -Miduwives Registration Act, 1964 and the Rajasthan Nursing Council Registration, 1964. It was submitted that such a reservation was not the part of the advertisement that was issued and therefore, that reservation was not possible. As many as 91 Writ petitions were filed to challenge this reservation in favour of the residents of Barmer and Jaisalmer districts, It was also claimed that no reservation can be made for female nurses and that also is not provided by the Indian Nursing Council Act, 1947, as also by the Rajasthan Nurses, Midwives, Health Visitors and Auxiliary Nurses -Midwives Registration Act, 1964 and the Rajasthan Nursing Council Regulation, 1964 and, therefore, all the admissions that have been made in RNRC Course at Barmer Centre are against the advertisement and the Rules and they (Petitioners) deserve to be admitted to this Course.