CHATRADHAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against the judgment dated 24-11-1992, passed by the learned Single Judge by which the learned Single Judge dismissed the writ petition filed by the petitioner-appellants.

(2.) The appellants were selected for admission in the General Nursing and Midwifery Training Course (hereinafter referred as 'G.N.M. Course') on 10-5-1989 on the basis of Intermediate Certificates and marksheet of intermediate Science Examination issued by the Central Board of Higher Education, New Delhi, which were submitted by the appellant-petitioners along with their application forms. Appellant No. 1 Chatradhar Sharma and appellant No. 3 Braham Prakash Yadav were given admission in the G.N.M. Training Centre, General Hospital, Jalore, while appellant No. 2 Virendra Singh was admitted in the G.N.M. Training Centre, Mahatma Gandhi Hospital, Jodhpur. The Course of G.N.M. Training was of three years and the trainees have to clear two examinations. The appellant-petitioners passed the First Examination and attended the classes for almost all the three years and completed their training. The Second Examination, which is final, was to be held on 28-5-1992. The appellants were not allowed to appear in this examination as according to the respondents they got admission on the basis of the certification of Intermediate Science Examination issued by the Central Board of Higher Education, New Delhi, which were not recognised by the Jodhpur University as equivalent to First Year T.D.C. When the appellants were not allowed to appear in the examination, they filed the writ petition before this Court. While admitting the writ petition on 20-5-1992, notices of the stay application were, also, issued and the conditional stay order was passed by the learned Single Judge directing the respondents to issue permission letters and roll numbers to the appellant-petitioners so that they may appear in the examination of G.N.M. course to be held on 28-5-1992 and onwards but the result of the petitioners shall not be declared till further orders. It was further clarified in the stay order that the appearance of the petitioners in the examination vide this order will not create any right in their favour. The writ petition was contested by the respondent No. 2, i.e., the Rajasthan Nursing Council and it was stated in the reply that the petitioner have not come to this Court with clean hands and the Central Board of Higher Education, New Delhi, from where they passed the Intermediate Examination in Science, is not a recognised institution and they got the admission on the basis of the forged certificates and even tried to mislead the Court by producing the document showing the equivalence which was not issued by the proper authority and as the petitioners obtained the admission on the basis of the certificates issued by a bogus institution, they were, therefore, wrongly granted admission and they were rightly not allowed to appear in the examination. The learned Single Judge upheld the objections raised by the respondents and dismissed the writ petition filed by the petitioner-appellants by holding that the petitioners were not eligible to be admitted in the G.N.M. Training Course and they have taken admission on the basis of fraud perpetuated by them on the admitting authority. The learned Single Judge further observed that the petitioners have, also, defrauded this Court by producing false certificate issued by a person who is not competent to issue such certification regarding equivalence. It is against this judgment that the petitioner-appellants have preferred this appeal.

(3.) The first question, which requires consideration in the present case, is : whether the appellant-petitioners were eligible for being admitted in the Three Years G.N.M. Training Course, in which appellants Nos. 1 and 3 were given admission by the Chief Medical Officer, Jalore and the appellant No. 2 was given admission by the Superintendent, Associated Group of Hospitals, Jodhpur ? The necessary qualification for being admitted to the Three Years G.N.M. Training Course is that the incumbent should have passed First Year T.D.C. or 10 + 2 Examination and preference will be given to the candidates who have passed such examination with Science Subjects, namely, Physics, Chemistry and Biology. The appellants, along with their application forms, submitted the Marksheet and Certificate of Intermediate Examination in Science Subjects issued by the Central Board of Higher Education, New Delhi. Admittedly the Intermediate Examination in Science subjects, conducted by the Central Board of Higher Education, New Delhi, have not been recognised as equivalent to First Year T.D.C. or 10 + 2 by the Jodhpur University, Jodhpur or any other University in the State of Rajasthan. Majority of the Universities in India have not granted equivalence to the Intermediate Certificates of this institution and only Gauhati University, Karnataka University and Jabalpur University and some of the Foreign Universities have granted equivalence to this examination conducted by the aforesaid institution. The Ministry of Human Resources and Development, Department of Education, vide letter Annexure.R. 2/10 dated 23-8-1991, also, informed that the Central Board of Higher Education, New Delhi, pertains to the registration of the Society under the Societies Registration Act, 1860, which has no concern with the recognition of the aforesaid organisation or the examinations conducted and certificates issued by it. The Ministry further informed that the registration of an organisation under the Societies Registration Act, 1860 and the recognition of an organisation and the examinations conducted by it, are totally different things. The Intermediate Science Examination conducted by the Central Board of Higher Education, New Delhi, was not recognised as equivalent to First Year T.D.C. or 10 + 2 Examination and, therefore, the appellant-petitioners, on the basis of these certificates, could not have been admitted in the Three Years G.N.M. Training Course as these were not the certificates recognised by the Jodhpur University, Jodhpur and as such their admissions to the Three Years G.N.M. Training Course were wholly illegal and the learned Single Judge was right in holding that the petitioner-appellants were ineligible for being granted admission in this training course.