- (1.) The petitioner-institute seeks direction for acceptance of examination forms of 50 students of the ANM Course of 2014-15 batch. Vide order dated 21.10.2015, the said students were provisionally allowed to appear in the examination which was to be held from 26.10.2015 subject to final decision of the writ petition and with the condition that the petitioner-institute would redeposit the examination fee of Rs.50,000/-. It is not disputed that in pursuance of the said interim order, the said students have given the examinations.
(2.) The case of the petitioner-institute is that permission had been granted by respondent no.2-council on 19.8.2014 (Annexure P/1) to admit 60 students for GNM Course and 50 students for ANM Course. In the present case the dispute is concerned only for the batch of ANM Course and the list of 50 students has been appended as Annexure P/2. Out of which it is stated that 9 students were recipients of scholarship of the State Government on account of belonging to the reserved category. The said students have also received a sum of Rs. 1,39,428/- as post-matric scholarship from the Government (Annexure P/6). The petitioner-institute deposited a sum of Rs. 1,10,000/- as admission fee with the respondent-council through draft dated 15.10.2014 (Annexure P/3) vide letter dated 30.11.2014 (Annexure P/4). It is pertinent to mention that in the said letter a specific averment is made that admission forms of GNM and ANM students for the session 2014 were being submitted along with draft in question. It is not disputed that the draft had been duly received as per signature of one Smt. Sudharshan Kumari who was the then Superintendent with the Nursing Council as per affidavit of Smt. Surjit Kaur, Registrar, Punjab Nurses Registration Council, Chandigarh dated 24.5.2016 now filed. Petitioner also appended a receipt dated 4.12.2014 (Annexure P/5) in which the draft number has also been mentioned.
(3.) It is further case of the petitioner-institute that it went to deposit a consolidated draft of Rs. 1,76,000/- on account of the examination fee on 20.7.2015 after a period of nine months but respondent-council refused to receive the same on the ground that it did not have the details of 50 students of ANM Course. Resultantly, another draft of Rs. 1,23,900/- dated 21.7.2015 (Annexure P/8) was submitted as examination fee for the students of GNM Course. The last date for depositing the examination fee was 30.9.2015 (Annexure P/9) and when the said students of ANM Course were not being allowed to sit in the examination, the petitioner-institute has approached this Court.;