D. P. Mohapatra, J. -
(2.)State of Rajasthan through the Director, Medical and Health Services; the Rajasthan Nursing Council, through its Registrar, and the Principal Medical Officer, Government Hospital, Barmer, Rajasthan, have filed this appeal against the order of the Rajasthan High Court dated 6-7-2000 in D. B. Civil Special Appeal No. 917/99 (Def.) title State and Ors. vs. Smt. Lata Arun. The order passed by the High Court reads as follows :
"However looking to all the facts and circumstances, we are of the opinion that the order of learned single Judge is in the interest of justice. It does not require any interference of this Court. We do not find any merit in this appeal."
(3.)In the special appeal the appellants assailed the judgment of the learned single Judge allowing the Writ Petition No. 4433 of 1997, filed by the respondent. The operative portion of the said judgment runs as follows:
"In view of the above discussion, this petition is allowed. The impugned order at Annexure R/1 annexed to the reply affidavit and the order dated 3-9-1997 Annex. 11 are hereby quashed and set aside. The respondents are directed to declare the result of the petitioner for General Nursing and Midwifery and Staff Nurse Course examination forthwith."
The question which arises for determination in this case is whether the respondent had the eligibility qualification for admission in General Nursing and Midwifery and Staff Nurse Course (hereinafter referred to as 'nursing course') commencing in the year 1990 The Director, Medical and Health Services had invited applications by 15-12-1989 from eligible candidates for admission in the Nursing Course to be started from January, 1990. It was stated in the notification that the candidates should have passed first year of Three Years' Degree Course (TDC) or 10 + 2; and that the candidates with science subjects (Biology, Chemistry, Physics) will be given preference. During the period the Indian Nursing Council had issued a set of Syllabi and Regulations for Courses in General Nursing and Midwifery in which the prescribed minimum educational qualification for all candidates was 12th class pass or its equivalent preferably with science subjects.