- (1.) This appeal (LPA No.2120 of 2014) has been filed by the appellants Sarbjit Kaur and others against the judgment and order dated 17.7.2014 passed by the learned Single Judge in CWP No.1143 of 2013. Lala Munshi Ram Institute of Health Sciences, Batala Road, Dera Baba Nanak (Gurdaspur), Punjab (respondent No.4) has also filed LPA No.1725 of 2015 against the said judgment and order, which is also being disposed of along with present appeal. The facts, however, are taken from the appeal filed by Sarbjit Kaur and others (LPA No.2120 of 2014). Sarabjit Kaur and others are 57 appellants undergoing the Auxiliary Nurses and Mid-wives Course (for short the 'ANM Course'). The appellants took admissions in the ANM Course at Lala Munshi Ram Institute of Health Sciences (respondent No.4) ('Lala Munshi Ram Institute' - for short) in the 2011-12 Session, which commenced in September 2011. Due to lack of infrastructure and other shortcomings of respondent No.4 - Lala Munshi Ram Institute, the appellants/students were not allowed to sit for the first year examinations of the ANM Course to be conducted by the Punjab Nurses Registration Council, Chandigarh (respondent No.2) ('Nurses Council' for short). Therefore, they filed a writ petition in this Court for directing the respondents i.e. respondent No.2 - Nurses Council and respondent No.3 - Registrar of the Nurses Council to issue Roll numbers/Admit cards to them to sit in the ANM theory examinations to be held for the first year on 22.01.2013. This Court by an interim order allowed the appellants/students to appear in the first year of the ANM Course. In consequence of the interim order, the appellants/ students have completed their first year and also the theory examinations of their second year of the ANM course. The results of the first year examinations have been declared but that of the second year have not been declared as the appellants/students are yet to undergo their clinical training.
(2.) The learned Single Judge vide impugned judgment and order dated 17.07.2014 has, however, dismissed the writ petitions filed by the appellants/students for directing the respondents to issue Roll numbers/Admit cards to them to sit in the ANM theory examinations. Aggrieved against the same, the appellants/students have filed this appeal. During pendency of the appeal, Civil Miscellaneous No.2664-LPA of 2015 was filed by the appellants for impleading the Majha International School of Nursing, Adda Gaillanwali, near Sugar Mill, Batala, Punjab (respondent No.5) ('Majha School of Nursing' - for short) as a respondent. Notice of the civil miscellaneous application was issued to Majha School of Nursing on 01.09.2015. In terms of order dated 05.10.2015, Majha School of Nursing was impleaded as respondent No.5. Kulwant Rai son of Lala Munshi Ram was impleaded as respondent No.6 in the appeal vide order dated 29.10.2015.
(3.) Learned counsel for the appellants/students on 21.12.2015 submitted the result-cum-detailed marks card issued by the respondent No.2 - Nurses Council of all the 57 appellants showing that they had qualified and passed in the first year ANM Examinations. The appellants except Sarbjit Kaur (appellant No.1), Vinod Kumari (appellant No.24), Madhu Kumari (appellant No.27), Sarita Khatkar (appellant No.33) and Poonam Devi (appellant No.54) passed their first year examinations in January, 2013. Out of said five appellants who did not clear their examinations in January, 2013; Sarabjit Kaur (appellant No.1), Vinod Kumari (appellant No.24), Madhu Kumari (appellant No.27) and Poonam Devi (appellant No.54) cleared their supplementary examinations in September, 2013. Sarita Khatkar (appellant No.34) cleared her supplementary examinations in January, 2014. The detailed marks cards of the appellants/students submitted by their learned Counsel were taken on record.;