AJAY RASTOGI,J. - (1.) INSTANT petition has been filed by the students of B.Sc. Nursing Part -I primarily with the grievance that after admit cards came to be issued to the petitioners the respondent University permitted them to appear in the examination but their result was withheld without reason or rhyme and since no communication was made that compelled the petitioners to approach this Court by filing instant petition. After notice came to be served reply has been filed and it has come on record that from the date of initial establishment of the institution (respondent no. 3) the statutory authority granted affiliation with intake capacity of 60 students as is evident from Annx. 14 placed on record along with rejoinder dt. 8.6.2010 which is valid for academic session 2010 -11 and the present petitioners indisputably were admitted in the month of September -November 2010 but before the later order being issued by the respondent No. 2 INC dt. 23.11.2010, reducing the intake capacity of the institution from 60 to 40 in exercise of power U/s 13(2) of Indian Nursing Council Act, 1947. It has also come on record that as against 60 sanctioned seats, 50 admissions were made and it was prior to later order passed by the respondent no. 2 dt. 23.11.2010 and that appears to be the reason for which the respondent University has withheld result primarily on the premise that INC has finally reduced intake capacity of institution to 40 for the academic session 2010 -11 vide its order dt. 23.11.2010 and such of the students in excess of sanctioned strength their admissions could not have been regularized and that is the reason for which their result has been withheld. Counsel Mr. Tantia submits that on the date when the admissions were made by the respondent institution on the basis of sanctioned intake of 60 seats and petitioners were admitted during the intervening period and at least could not be in any manner said to be defaulter which could deprive them from appearing in the examination and once being permitted to appear in the examination by the University there appears no justification to withhold their result.
(2.) COUNSEL for respondent submits that since final intake sanctioned strength was of 40 seats by INC as evident from the order dt. 23.10.2010 and that is the reason for which the admissions made in excess of sanctioned intake could not be regularized and their result have been withheld.
(3.) THIS Court finds substance that the admission were made prior to the later order dt. 23.11.2010 and admittedly number of sanctioned seats of B.Sc. Nursing was 60 when the admissions were made and it was reduced to 40 vide later order dt. 23.11.2010 and once permitted to pursue their studies their result could not have been withheld. Accordingly, the respondent no. 1 is directed to declare result of the petitioners of B.Sc. Nursing Part -I within two weeks of certified copy of this order being served in their office and individual mark -sheets be issued to each of them and the respondent may proceed in accordance with law. The petition stands disposed of with the directions (supra).;