TARA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these writ petitions relate to admission in B. Sc. (Nursing) Part III Examination, as such, they are disposed of by a common order.

(2.) THE courses of study leading to B. Sc. (Nursing) Degree consist of four academic years i. e. Part-I, Part-II, Part-III and Part-IV. Ordinance 299-V-3 of the University of Rajasthan provides for admission to Courses of Study in B. Sc. (Nursing ). It reads as under : - "o. 299-V-3 : (a) A candidate who has completed the age of 17 years at the time of admission or will complete the age on or before 31st December of the year of the admission to B. Sc. (Nursing) Part-I Course and passed the First Year Science Examination of Three Year Degree Course (Pass/honours) of the University or an examination recognized by the University as equivalent thereto in all the compulsory subjects and the optional subjects of medical group (Physics, Chemistry and Biology) including English as one of the compulsory subjects with a minimum of 45% marks (40% for natural born scheduled caste and scheduled tribe candidates) in the aggregate of English and Science subjects (Physics, Chemistry and Biology) taken together at the qualifying examination shall be eligible for admission to the B. Sc. (Nursing) Part-1 Course: Notes : (i) Where the seats reserved for Scheduled Caste and Scheduled Tribes students in the State can not be filled for want of requisite number of candidates fulfilling the minimum requirements prescribed for the State, then the vacant seats be filled up on all India basis with Scheduled Caste and Scheduled Tribes candidates getting not less than the aforesaid minimum prescribed pass percentage. (ii) A candidate who has passed in the compulsory subjects of General Hindi/general English and the optional subjects of the medical group (Physics, Chemistry and Biology) of the First Year Examination of the Three Years Degree Course in Science conducted by the University shall be deemed to have passed the First Year T. D. C. (Sc.) Examination for the purpose of this Ordinance. (b) A candidate who after passing the B. Sc. (Nursing) Part-I Examination of the University has attended a regular course of study in an affiliated college for one academic year shall be eligible for admission to the B. Sc. (Nursing) Part-II Examination. (c) A candidate who after passing the B. Sc. (Nursing) Part-II Examination of the University has attended a regular course of study in an affiliated college for one academic year shall be eligible for admission to the B. Sc. (Nursing) Part-Ill Examination. (d) A candidate who after passing the General Nursing Course and Registered Nurse with a recognised body (State Nursing Council) having a minimum of five years regular nursing experience is also eligible for admission to B. Sc. (Nursing) Part-Ill Examination on producing N. O. C. from State Government. THEir merit will be calculated on the basis of marks obtained in General Nursing (Final) Year Exam. together with Bonus Marks of one for every 2 years of Completed Regular Services in Nursing exceeding than five years of minimum regular nursing Services upto last 1 1/2 years of his last services. Provided such candidates have not completed age above 40 years on or before 31st December of the year of his/her admission. Note: That the candidates for B. Sc. (Nursing) Examination 1989 will be examined according to the syllabus which has been proposed by the COC in Nursing at its meeting held on 27. 04. 1988. THE candidates for the B. Sc. Nursing Part-II, Part- III and Part-IV Examination will be examined in accordance with the syllabus already notified for the respective examinations of 1990. THE candidates who will now be admitted directly to the B. Sc. Nursing Part III after passing the General Nursing Course will be examined in accordance with the syllabus which has been laid down by the COC for the B. Sc. Nursing Pt-III Examination 1990 and not according to the B. Sc. Nursing Part III Exam. 1989 and 1990 and Part IV Examination 1989 and 1990 in their cases. (e) A candidate who after passing the B. Sc. (Nursing) Part-Ill Examination of the University has attended a regular course of study in an affiliated college for one academic year shall be eligible for admission to the B. Sc. (Nursing) Part-IV Examination. "

(3.) THE main contention of the learned counsel for the petitioners is that the petitioners were/are entitled to get admission in B. Sc. (Nursing) Part-Ill Course for trained and registered nurses, as they are eligible as per 0. 299-V-3 (d ). According to them, the petitioners had passed General Nursing Course and they are registered nurses with a recognised body (State Nursing Council) and have a minimum of five years regular nursing experience, and these are the only requisite conditions for the eligibility for the admission to the Course as per the Ordinance and the extra requirement that the candidate should have passed the First Year Science Examination of Three Years Degree Course or equivalent thereto in the notification issued by the Principal, is contrary to the statutory provisions provided in the Ordinance. Counsel argued, any additional condition for the admission to the said course, which is not provided in the Ordinance, is illegal and ultravires. THE learned counsel further submitted that the Principal, College of Nursing, should be directed to prepare a fresh select list of the candidates and their eligibility should be considered as per the Ordinance. It was also argued that a similar view has been taken by this Court in some of the judgments, reference of which have been already made earlier.