DAYANAND AND ORS. Vs. THE RAJASTHAN NURSING COUNCIL

JUDGEMENT

(1.) The controversy arising in both the writ petitions is identical and as agreed by the learned counsel for the parties, the same is disposed of by a common order. For the convenience, the facts of Writ Petition No. 5374/1995 are mentioned.

(2.) The petitioners in this writ petition have inter-alia prayed for a direction to the respondents to allow them to appear in the Second Year Examinations of General Nursing and Midwifery Course going to be held. in Dec., 1995.

(3.) It is alleged that the petitioner Nos. 1 to 5 were admitted on 20.11.1992 and the petitioner No. 6 was admitted on 20.9.1990 in the General Nursing and Midwifery Course (in shdrt The Course'). term of which is of three years. There are two examinations in the Course i.e. First Examination and Second Examination. The first examination is to be held after a period of not less than eleven months from the beginning of the course whereas the second examination is to be held after two years and nine months from the beginning of the course and at least one year after passing the first examination. If a candidate fails in the First Examination, opportunity is given to him to appear in supplementary examination to be held within six months from the First Examination. Four attempts are permissible as per Rules. 3-A. The main grievance of the petitioners is that as the examinations and the supplementary examinations could not be held in time as per the schedule in accordance with the Rules, the petitioners cannot be deprived of, for the delay in conducting the examinations. It is also stated that the respondent No. 1, vide its order dated 17.4.95 (Annexure- 4) has observed that while considering second examination the period will be counted after having first examination, as the first examination could not be held in time and has already been delayed. He further submits that the other persons of petitioner's batch have -already completed their course and they also got job as their results were declared in time. Therefore, under these circumstances of the case, the result of the petitioners may be declared so that on passing of the examinations, they may get their job. He has also relied on the case of Girdharilal Yadav.