SHETHNA, J. - (1.) MINOR Shatrughan Pareek has filed this writ petition through his father Kuldeep Kumar Sharma under Article 226 of the Constitution and has prayed that the respondents be directed to allow the petitioner to appear in the forthcoming General Nursing Training Course, 2000.
(2.) THE Director, Medical and Family Welfare Services, Jaipur- respondent No. 2 issued an advertisement dated 4. 4. 2000 (Annex. 3), inviting applications for General Nursing Training Course. THE Secretary to the Government of Rajasthan, Medical and Health Department, Jaipur issued a Notification dated January 16, 1991 in exercise of the powers conferred by Section 33 (1) of the Rajasthan Nurses, Midwives, Health Visitors and A. N. M. Registration Act, 1964 (hereinafter referred to as "the Act, 1964" ). THE State Government framed the rules for the General Nursing Training Course Rules, 1990 (for short, "the Rules" ). Rule 4 of the Rules provides that a male candidate for admission to the General Nursing Training Course must have attained the age of 17 years and must not have attained the age of 28 years and a female candidate must have attained the age of 34 years on October 1st of the year of admission for the training. The Advertisement dated 4. 4. 2000 (Annex. 3) provides that male and female candidates should be 17 years of age as on 1. 10. 1999. This was clearly against rule 4 of the Rules, because under rule 4, it is mentioned that a male or female candidate for admission to the General Nursing Course must have attained the age of 17 years on October 1st of the year of admission for the training. Admittedly, the training would start in the year, 2000, therefore, the date should have been 1. 10. 2000 and not 1. 10. 1999. The date of birth of minor Shatrughan was 5. 3. 1983 and he would be 16 years, 6 months and 26 days, i. e. less than 17 years on 1. 10. 1999, but he would be 17 years old if date of 1. 10. 2000 was correctly mentioned in the advertisement (Annex. 3) as provided under rule 4 of the Rules. He has passed Secondary Examination in 1997 with 70. 55% marks in Ist Division and Senior Secondary Examination in 1999 with 78. 92% marks in Ist Division. According to him, candidates less meritorious to him were given admission, but he was not given admission, only because he was less than 17 years of age as per the cut off date 1. 10. 1999 fixed by the respondent in the advertisement at Annex. 3. This was against rule 4 of the Rules. In view of the above discussion, this petition is allowed. The respondents are directed to allow the petitioner in the forthcoming General Nursing Training Course 2000. At this stage, a request was made by Mr. Hemant Shreemali, learned counsel appearing for the respondents, that the respondents will have no objection to give him admission, but it will open flood gates for many others, who have not filed the writ petition. This apprehension of Mr. Shreemali can be taken care of that those vigilant persons will only get admission who approached this Court well in time and not others who did not approach this Court in time and waited for the decision of the petition filed by some others.
(3.) WITH these observations, the writ petition is disposed of. Since the writ peti- tion itself has been disposed of, the stay petition also stands disposed of accordingly. .;