MOHANLAL MALI Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) THIS petition has been filed with the prayer that the petitioners be permitted to appear in the B.Sc. (Nursing) Part III examination (New Scheme) commencing 23.08.2012 and that their result of B.Sc. (Nursing) Part III Examination thereupon be declared along with other students. The alternative prayer is that this Court issue a writ, order or direction, directing the respondents not to hold the B.Sc. (Nursing) Part III examination (New Scheme) before declaring result of B.Sc. (Nursing) Part II examination.

(2.) I have heard the counsel for the parties and perused the writ petition.

(3.) MR. M.A. Khan, appearing for respondent-RUHS on the other hand submits that in terms of the ordinance 299-V-3(c), a candidate, for being eligible for promotion to the next year of B.Sc. (Nursing) examination, is required to complete a regular course of study for one academic year in a class and write the examination thereof. He submits that ordinance 299-V-3(c) applies as much to promotion from B.Sc. (Nursing) Part I to Part II as it does to promotion from B.Sc. (Nursing) Part II to Part III and similarly from Part III to Part IV. It is submitted that in the context of the governing ordinance, from the averments made in the writ petition and even the arguments of the counsel for the petitioners, it is evident that the result of B.Sc. (Nursing) Part II was declared only on 22.08.2012. Counsel submits that in such a situation, it is inconceivable that the petitioners who wrote B.Sc. (Nursing) Part II examination only in May, 2012 could complete one year regular course of study in B.Sc. (Nursing) Part III in the Month of August, 2012 to be eligible to write B.Sc. (Nursing) Part III examination commencing 23.08.2012. Counsel submitted that in this view of the matter, the writ petition be dismissed.