ALOK SHARMA,J - (1.) THIS petition has been filed with the prayer that the petitioners be permitted to appear in the B.Sc. (Nursing) Part III examination (New Scheme) commencing 23.08.2012 and that their result of B.Sc. (Nursing) Part III Examination thereupon be declared along with other students. The alternative prayer is that this Court issue a writ, order or direction, directing the respondents not to hold the B.Sc. (Nursing) Part III examination (New Scheme) before declaring result of B.Sc. (Nursing) Part II examination.
(2.) I have heard the counsel for the parties and perused the writ petition. Counsel for the petitioners has submitted that the petitioners were admitted into B.Sc. (Nursing) Part I in the RR College of Nursing, Ajmer in July, 2008. It is submitted that even though the B.Sc. (Nursing) course is a four years course, yet the examination of B.Sc. (Nursing) Part I were held much beyond the period of twelve months in the year 2010 and the result declared on 16.09.2010. Counsel submits that in the result of B.Sc. (Nursing) Part I examination, both the petitioners failed to clear three papers out of six. It is submitted that yet the petitioners in terms of the governing ordinance of the University of Rajasthan were promoted to B.Sc. (Nursing) Part II the session whereof started in July, 2011. Counsel submits that after undergoing one year regular course of study in B.Sc. (Nursing) Part II, examination for B.Sc. (Nursing) Part II were conducted on 09.05.2012 and the result thereof declared on 22.08.2012. It is submitted that the petitioners passed all the papers of B.Sc. (Nursing) Part II examination as also the back papers of B.Sc. (Nursing) Part I. Referring to the certificates issued by the respondent-RR College of Nursing, Ajmer on 08.08.2012, in respect of both the petitioners before this Court, stating that the petitioners had attended B.Sc. (Nursing) Part III theory classes as well as practicals, counsel for the petitioners has submitted that in view of the petitioners' attendance of B.Sc. (Nursing) Part III classes both theory and practical, the petitioners be allowed to write B.Sc. (Nursing) Part III examination commencing 23.08.2012.
(3.) MR. M.A. Khan, appearing for respondent-RUHS on the other hand submits that in terms of the ordinance 299-V-3(c), a candidate, for being eligible for promotion to the next year of B.Sc. (Nursing) examination, is required to complete a regular course of study for one academic year in a class and write the examination thereof. He submits that ordinance 299-V-3(c) applies as much to promotion from B.Sc. (Nursing) Part I to Part II as it does to promotion from B.Sc. (Nursing) Part II to Part III and similarly from Part III to Part IV. It is submitted that in the context of the governing ordinance, from the averments made in the writ petition and even the arguments of the counsel for the petitioners, it is evident that the result of B.Sc. (Nursing) Part II was declared only on 22.08.2012. Counsel submits that in such a situation, it is inconceivable that the petitioners who wrote B.Sc. (Nursing) Part II examination only in May, 2012 could complete one year regular course of study in B.Sc. (Nursing) Part III in the Month of August, 2012 to be eligible to write B.Sc. (Nursing) Part III examination commencing 23.08.2012. Counsel submitted that in this view of the matter, the writ petition be dismissed.;