MANOJ MEGHVANSHI Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) The petitioner was admitted to the two year post basic B.Sc. Nursing course (hereinafter 'the course') in Star Nursing College, Pratap Nagar, Jaipur affiliated to the Rajasthan University of Health Sciences (hereinafter 'the RUHS'). In December, 2012 classes in Part-I of PB B.Sc. (N) commenced. In January, 2014 examinations of Part-I were held at the end of the academic session. The petitioner wrote the examination and was declared pass. He was promoted to Part-II of PB B.Sc. (N). At the end of the second academic year in February, 2015, the petitioner wrote the part-II examinations but failed in one paper (Mental Health Nursing) of the seven papers.

(2.) Mr. Vagesh Singh, counsel for the RUHS submitted that in terms of the governing Ordinance 299-PB-18 of the RUHS Ordinances, a student admitted to the course is required to clear it within four academic years from the year of admission. He submitted that the petitioner having been admitted to the course in December, 2012-13, was mandatorily required to have cleared the course altogether at the end of December 2016, January,2017. It was submitted that the petitioner has written the remanded examinations in the subject of Mental Health Nursing on four occasions but still without success and in terms of the ordinance obtaining he stands discharged as a student of the University and cannot be given a degree in PB B.Sc. (N).

(3.) The legal position in terms of the ordinance obtaining appears to be against the petitioner as he had admittedly expanded more than four academic years as a student of the PB B.Sc. (N) course since his admission in December, 2012. Mr. Bhrigu Sharma appearing for the petitioner has however relied upon a judgment of this court in the case Kalpana Patidar Vs. RUHS, SBCWP 3127/2016 decided on 2-3-2016. Therein this court was seized of a similar situation but taking into consideration the fact that the petitioner therein was a woman belonging to OBC category and finding the need for female empowerment a mercy chance was granted to the petitioner for writing one back paper in PB B.Sc. (N) course despite four years since joining having elapsed. Mr. Bhrigu Sharma submitted that albeit the petitioner in the instant case is not a female, yet he belongs to the Scheduled castes. It has been submitted that the need for empowerment of scheduled castes cannot be put on a lower pedestal than that of women of the OBC category. It was submitted that the judgment dated 2-3-2016 in the case of Kalpana Patidar (supra) was not put to challenge and instead complied with by the University, which is indicative of its concurrence with the judgment and the principle enunciated by this court for allowing a mercy chance for empowerment of the underprivileged sections of the society.