Rajasthan High Court - Jaipur
Nemi Chand Jat vs Raj University Of Health Sci Ors on 22 November, 2012
Author: Ajay Rastogi
Bench: Ajay Rastogi
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
O R D E R
SB Civil Writ Petition No. 11924/2012
Surendra Kumar Kumawat & Anr. Vs.
Rajasthan University of Health Science & Anr.
SB Civil Writ Petition No. 12080/2012
Lokendra Kumar & Ors. Vs.
Rajasthan University of Health Science & Ors.
SB Civil Writ Petition No. 12373/2012
Rakesh Saini & Ors. Vs.
Rajasthan University of Health Science
SB Civil Writ Petition No. 12374/2012
Lekhraj Jalthuriya & Ors. Vs.
Rajasthan University of Health Science & Ors.
SB Civil Writ Petition No. 12383/2012
Monu Mali & Ors. Vs.
Rajasthan University of Health Science
SB Civil Writ Petition No. 12397/2012
Nemi Chand Jat Vs.
Rajasthan University of Health Science & Ors.
SB Civil Writ Petition No. 12499/2012
Pawan Kumar Ralot & Ors. Vs.
Rajasthan University of Health Science
SB Civil Writ Petition No. 12500/2012
Ashok Kumar Vs.
Rajasthan University of Health Science & Ors.
SB Civil Writ Petition No. 12501/2012
Umesh Kumar & Anr. Vs.
Rajasthan University of Health Science & Ors.
SB Civil Writ Petition No. 12502/2012
Lekh Raj Sharma Vs.
Rajasthan University of Health Science & Anr.
SB Civil Writ Petition No. 12781/2012
Arun Cherian Alexander Vs.
Rajasthan University of Health Science
SB Civil Writ Petition No. 12993/2012
Suresh Bidoya Vs.
Rajasthan University of Health Science
Date of Order :: 22/11/2012
Hon'ble Mr. Justice Ajay Rastogi
Mr. Bharat Saini, }{
Mr. Rajendra Sharma, }{ for petitioners
Mr. Raj Kumar kasana, }{ Mr. RD Meena, }{ Mr. RB Sharma, }{ Mr. MA Khan, for respondent-RUHS.
Instant bunch of petitions came to be filed by the petitioners who are students of B.Sc. Nursing Course and are having one/two back papers of Nursing Part I due in which all of them appeared. At the same time, they appeared as regular student of B.Sc. Nursing Part II, however, their result was made available on the website of the University but mark sheet has not been issued to them and their further case is that the petitioners have completed one year regular course of Part III but when not permitted to appear in the examination of Part III that contrained them to file instant bunch of petitions and pursuant to interim order passed by the Court taking note of University Ordinance 299 V-3(e) read with 299 V-3(c), it was observed that when a student with due papers in B.Sc. (Nursing) Part I, Part II & Part III can write the B.Sc. (Nursing) Part IV examination, there is no conceivable reason as to why a student in B.Sc. (Nursing) Part III with one back paper of B.Sc. (Nursing) Part I cannot write B.Sc. (Nursing) Part III examination.
Even after reading of Ordinance 299 V-3(e) & 299 V-3c of the University ordinance it is incumbent upon the student to pass in all the subject papers of B.Sc. (Nursing) Part I at least while pursuing his B.Sc. (Nursing) Part IV course and only on qualifying Part I he will be entitled to get result of Nursing Part II and Nursing Part III respectively. However, this fact is not controverted that all the petitioners were permitted to appear & write examination of B.Sc. (Nursing) Part III under the interim order of the Court and all have appeared in their one or two back papers of B.Sc. Part I as well but the result is still awaited of back papers.
As a matter of fact most of the writ petitioners could not appear in the examination of Part III scheduled to be held on 23.8.2012 and appear in all the subsequent subject papers pursuant to interim order of the Court.
As regards, writ petitioners Suresh Bidoya in CWP No. 12993/12 & Arun Cherian Alexander in CWP No. 12781/12, it has been informed that these two petitioners could not appear in two papers of B.Sc. (Nursing) Part-III & counsel submits that at least they may be permitted in both the remaining papers.
Counsel submits that as regard their remaining paper of Part III which was held on 23.8.2010/27.8.2012 they may be permitted to appear in the remanded examination of B.Sc. Part III, at the same time, their result of B.Sc. (Nursing) Part II and thereafter Part III may be declared immediately after declaration of their result of back papers of Part I. Counsel submits that since time is essence in the matter if it is possible that some time be granted to the University to declare result of their back papers of Part I expeditiously and that alone is the possibility to streamline their Nursing Course which has been delayed for one or the other reason.
Mr. Khan appearing for respondent submits that the result of B.Sc. (Nursing) Part III in which they appeared under the interim order of the Court at least cannot be declared unless they qualify all back subject papers of Part I, Part II and this what is the requirement of Ordinance 299 V3(c) read with 299 V3(e).
Even after going through the relevant Ordinance referred to, its conjunct reading envisage that one has to qualify all the subject papers of B.Sc. (Nursing) Part I, Part II & so also Part III to undergo the course of B.Sc. (Nursing) Part IV and obviously the result of Part I has to be declared first being condition precedent for further declaration of their result of Part II & Part III respectively.
Accordingly, writ petitions stand disposed of with the direction to the respondent-RHUS to declare result of the petitioners of their back subject papers of B.Sc. (Nursing) Part I expeditiously within a period of three months and immediately thereafter result of B.Sc. Part II & Part III may also be declared simultaneously as per the Scheme of University Ordinance without further loss of time. At the same time, it is also directed that all the writ petitioners if failed remaining papers may be permitted to appear in such of the subject paper/s of B.Sc. (Nursing) Part III in the remanded examination to be held in future.
With these directions, the bunch of petitions stand disposed of.
(Ajay Rastogi), J.
Dsr/ "All corrections made in the judgment/order have been incorporated in the judgment/order being emailed"
Datar Singh P.S