- (1.) THIS judgment shall dispose of CWP Nos.22213 of 2012 and 17315 of 2013, involving common questions of law and facts. To dictate judgment, facts have been taken from CWP No.17315 of 2013 titled Rajesh Vs. Pt.B.D.Sharma University of Health Science, Rohtak & others.
(2.) PETITIONER has sought for quashing the order dated 05.01.2012 (Annexure P7) whereby he was not allowed to attend the 3rd year classes of B.Sc. Nursing. Challenge has also been laid to the order dated 13.05.2013 (Annexure P10) whereby he was not allowed to appear in the 3rd year examination and the final order which has been challenged is dated 22.07.2013 (Annexure P13) passed by respondent No.1 -University, whereby his name was struck off from the rolls due to not attending the theory classes, practical areas and not appearing in the examination since long time. In CWP No.22213 of 2012, the petitioner prays for summoning the internal as well as external paper of B.Sc. Nursing 2nd year of the petitioner, which was held in the year 2011 and for rechecking of the same by experienced staff and for directions for awarding grace marks and to hold enquiry against respondent No.5, former Principal of the College of Nursing, PGIMS, Rohtak.
(3.) IT is the pleaded case of the petitioner that he had taken admission in the respondent -College for the B.Sc. Nursing 4 years degree course in the year 2008 against Scheduled Caste Category and Ms.Vidhya Rana -respondent No.3 was appointed as Principal in place of Professor Ms.Ramwati Phoghat, who was demoted and appointed as Lecturer. In the year 2010, due to the conduct of the said respondent No.2, children had gone on strike which had led to the present petitioner being threatened by the said respondent, by using some unwanted words under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'SC and ST Act') and he was marked as absent, due to which, their was shortage of attendance in the 2nd year examination. He filed CWP No.11297 of 2011 and was allowed to sit in the 2nd year B.Sc. Nursing annual examination, which was to commence in July, 2011, vide order dated 01.07.2011, by this Court. The said respondent was chargesheeted on 14.09.2012 regarding the incident of 17.09.2010 in the complaint case filed before Addl.Sessions Judge, Rohtak. An Unfair Means Case (for short, the 'UMC') was registered against the petitioner in the month of August, 2012 and this Court, in the said writ petition, directed the University to sympathetically consider the petitioner's explanation, vide order dated 22.11.2011. On the asking of the result of UMC, respondent No.3 again threatened the petitioner and an FIR No.469 was registered under the SC and ST Act and under Sections 323, 324 and 34 IPC and an anticipatory bail was filed in this Court. On 19.04.2012, result of B.Sc.Nursing 2nd year was declared and on 18.06.2012, detailed mark cards was given and an application was filed for providing the answer sheets for the 2nd year but in vain. It was alleged that respondent No.3 had stolen the answer sheet of the petitioner and he was declared fail in the said examination. Accordingly, the petitioner filed CWP No.22213 of 2012. The petitioner attended regular classes for the 3rd year course and paid regular fees but was not allowed to give the examination due to the mala fide intention of the said respondent. Accordingly, order dated 05.01.2012 was passed whereby he was not allowed to attend the 3rd year classes until he passes all the 2nd year examinations. Thereafter, the petitioner received the order dated 13.05.2013 whereby he was declared not eligible to appear in the 3rd year examination of the said degree course. In the case of respondent No.4, Parveen Kumar Dhamiwal, he had been allowed to appear in the examination of 2nd year even though he was similarly situated. Reference was made to the admit cards for the 2nd and 3rd year examinations (Annexures P8 and P9 respectively), of the said respondent. Reliance was placed upon the rules that the number of attempts for the examination was waived off. Resultantly, the present writ petition was filed. Respondents No.1 and 2, in their written statement, relied upon Clause 11 (iii) of the Ordinance that the candidate was not to be permitted to the next higher class if he/she failed in more than 2 subjects. The said clause had been approved by the Indian Nursing Council vide letter dated 19.07.2013 (Annexure R1/1).;