SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY order dated 5th November, 1990, a learned single Judge of this Court has dismissed the writ petitions in Ashok Kumar Jangid v. State of Raj. and Ors. S.B. Civil Writ Petition No. 397 of 1990 and Shiv Charan Sharma v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 4247 of 1990 alongwith 90 other writ petitions appended thereto. Against that order, special appeals were filed on behalf of 49 petitioners. However, out of these 49 special appeals, 13 special appeals were got dismissed as not pressed because those appellants were granted admission in Rajasthan General Nursing Course (for short 'the RNRC Course') during the pendency of those special appeals and the remaining 36 special appeals, 18 of which pertain to these very petitioners except petitioner Khemraj and Om Prakash Yadav, were also dismissed by a Division Bench of this Court in Purshottam Dass v. State ofRajasthan D.B. Civil Special Appeal No. 215 of 1990 and 35 other writ petitions, decided on 28th February, 1991.

(2.) IT is alleged that after the aforesaid Writ petitions were dismissed by the learned single Judge vide his order dated 5th November, 1990 in Ashok Kumar Jangid's case (alongwith other 91 connected writ petitions), one Om Prakash Jugtawat filed a writ petition on 3rd December, 1990 on the ground that women candidates having Arts as their subjects and having less percentage of marks than him have been given admission in RNRC Course. In the writ petition filed by Shri Om Prakash Jugtawat, following interim order was passed by a learned single Judge of this Court on 4th December, 1990: Meanwhile, the petitioner shall be given provisional admission in the General Nursing Course at Barmer or any other place for the year 1990 -91 if any candidate other than ST/SC securing less marks in Arts than the petitioner, has been given admission and the petitioner is otherwise eligible. It is unfortunate that although, the petitioner Om Prakash Jugtawat was not eligible for admission to RNRC Course as he did not have science subjects as his optional subjects and the women candidates formed a separate category, still he was given admission under the orders of this Court and the aforesaid stay order continued. An application under Article 226(3) of the Constitution was filed on 19th September, 1991 without any affidavit. However, the main writ petition came to be decided on 9th December, 1991 and the writ petition was allowed.

(3.) HOW these writ petitions have been argued on merits. It may be stated here that all the petitioners except petitioner Sang Singh Bhati are the students of science. petitionerS Sang Singh Bhati is a student of Arts but he has claimed that he has got better percentage of marks than Shri Om Prakash Jugtawat (petitioner in S.B. Civil Petition No. 5086 of 1990). Two writ petitioners Bherulal and Dharampal have contended that they being students of science have applied for RNRC course at Banner Centre but they were denied admission. They have also filed writ petitions earlier. This contention appears to be wrong. Actually, they did not apply for admission to RNRC Course at Banner Centre and this fact stands recorded in the Division Bench Judgment rendered by this Court in Purshottam Dass v. State of Raj. D.B. Civil Special Appeal No. 215 of 1990, decided on 28th February, 1991. Still, the petitioners Bherualal and Dharamapal have been given admission in RNRC Course under the interim orders of this Court.