Ajay Rastogi, J. - (1.) BOTH these petitions filed jointly by four petitioners (Mithlesh Kumar Tank in CWP - 3997/2010; & Bimla Kumari Koodi, Charan Singh, Mahesh Kumar Thakur in CWP -3740/2010) since involve identical controversy hence were heard together and are being finally disposed of at joint request of the parties by present order.
(2.) INSTANT petitions have been filed by the petitioners seeking permission to appear in B.Sc. (Nursing) Part -II examination having commenced on 22/ 03/2010 while holding them to be eligible in terms of Ordinance 299 -V -6 of the University Ordinance. Indisputably, on the basis of their senior secondary School Examination the petitioners joined 4 years course of B.Sc. (Nursing) in two different nursing colleges (1) NIMT College of Nursing Jaipur & (2) Jai Durga College of Nursing Jaipur; & (3) Pink City College of Nursing, Jaipur; and after having completed their regular studies for one year, they became eligible in terms of Ordinance 299 -V -5 to appear in B.Sc. (Nursing) Part - I examination, 2008 in which they appeared but since failed in more than two subjects, were declared failed by respondent University in B.Sc. Part -I (Nursing) and were required to re -appear for all the papers while rejoining the classes from the beginning of academic session as contemplated in Ordinance 299 -V -14.
(3.) HOWEVER , after having undergone studies afresh in one academic year, petitioners appeared in B.Sc.(Nursing) Part -I examination, held in between 08th February 2010 to 02nd March, 2010; at this stage, they approached by way of instant petitions with common grievance that result of B.Sc. (Nursing) Part -I is still awaited, declaration of which is beyond their control, but they had joined regular studies in B.Sc. (Nursing) Part -II classes and having undergone clinical training - on its completion, are eligible to appear in B.Sc. (Nursing) Part -II examination having commenced on 22/03/2010 in which they are not permitted to appear. Notices were issued on 19/03/2010; and for interim relief, matter was fixed after three days. However, reply could not have been filed but Counsel for respondent -University have appeared and opposed.;