STATE OF RAJASTHAN Vs. PRAKASH CHAND VYAS

JUDGEMENT

(1.) - The dispute in these sj-f cial appeals is with regard to the eligibility of the candidates for admission in B. Sc. (Nursing) Part III Examination.

(2.) NUMBER of writ petitions have been filed in the High Court at Jodhpurs and at Jaipur Bench. The first of the judgments, which was given in the matter was of Prakash Charnd V/s State of Rajasthan (1) in which the requirement of educational qualification prescribed under the Notification dated 11 Jure, 1s91 was challenged on the ground that such Notification is contrary to Ordirance No. 299 V-3. The advertisement required that for the eligibility of B. SC. (Nur-sing)Part HI examination, the candidate should have passed the 1st Year Science Examination of Three Years Degree Course of the University or the examination recognised by the University as equivalent thereto in all compulsory subjects and the optional subjects of medical (Physics, Chemistry and Biology) including English as one of the compulsory subject with a minimum 45% marks (40% for SC/st) besides the other conditions.

(3.) LEARNED counsel for Tara Chand has submitted that the directions which have been given by the learned Single Judge are discriminatory in so far as the petitioner is concerned and he has already been given provisional admission and under-gone course for a period of more than 3 months. It is also submitted that no proper select list has been prepared. It is admitted that the advertisement was issued for 26 seats and the candidates who are having 5 years' experience are eligible to which the appellant fulfils. The exclusion of the name of the appellant in the list prepared is not in accordance with law as all conditions of the Ordinance are fulfilled by him. It is also submitted that the persons who have been given provisional admission in accordance with the orders of this court cannot be discriminated and should be treated at par with the person who have been given admission finally while disposing of the writ petitions.