- (1.) - The dispute in these sj-f cial appeals is with regard to the eligibility of the candidates for admission in B. Sc. (Nursing) Part III Examination.
(2.) NUMBER of writ petitions have been filed in the High Court at Jodhpurs and at Jaipur Bench. The first of the judgments, which was given in the matter was of Prakash Charnd V/s State of Rajasthan (1) in which the requirement of educational qualification prescribed under the Notification dated 11 Jure, 1s91 was challenged on the ground that such Notification is contrary to Ordirance No. 299 V-3. The advertisement required that for the eligibility of B. SC. (Nur-sing)Part HI examination, the candidate should have passed the 1st Year Science Examination of Three Years Degree Course of the University or the examination recognised by the University as equivalent thereto in all compulsory subjects and the optional subjects of medical (Physics, Chemistry and Biology) including English as one of the compulsory subject with a minimum 45% marks (40% for SC/st) besides the other conditions. The Ordinance No. 299-V-3 with regard to the admission of in-service candidates in Clause (d) provides as under : "a candidate who after passing the General Nursing Course and Registered Nurse with a recognised body (State Nursing Council) having a minimum of five years regular nursing experience is also eligible for admission to B. SC. (Nursing) Part-II Examination, producing N. O. C. from State Government. Their merit will be calculated on the basis of the marks obtained in General Nursing (Final) Year Exam. together with Bonus Marks of one for every 2 years of completed Regular Service in Nursirg exceeding than five years of minimum regular Nursing Servicer upto last 1 1/2 years of his last Services. Provided such candidates have not completed age above 40 years on or before 31st December of the year of his/her admission. Note:- That the candidates for BSc. (Nursing) Examination 1989 will be examined according to the Syllabus which has been proposed by the COC in Nursing at its meeting held on 27. 04. 1988. The candidates for the B. Sc. Nursing Part. II and Part III and Part IV examination will be examined in accordance with the Syllabuses already notified for the respective examinations of 1990. The candidates who will now be admitted directly to the B. Sc. Nursing Part-Ill after passing the General Nursing Course will be examined in accordance with the Syllabuses which has been laid down by the COC for the B. Sc. Nursing Part III Examination 1990 and not according to the B. Sc. Nursing Part 111 Exam. 1989 and 1990 and Part IV Examination 1989 and 1990 in their cases. " Learned Single Judge after taking into consideration the specific language of the ordinance referred to above came to the conclusion that there is no such requirement of educational qualification in the Ordinance as has been given in the advertisement and the advertisement cannot over ride the specific language of the Ordinance without there being any amendment in it. By the administrative actions, the Ordinance could not have been amended and accordingly, it was held that the requirement of educational qualification as contemplated by the advertisement is not valid and effective. Learned counsel for the appellant has also agreed with this preposition of law and we also feel that in terms of the specific language of the Ordinance, the authority which has issued the advertisement was not justified in deviating with regard to the qualifications for admission to B. Sc. (Nursing) Part III Examination Subsequently, number of writ petitions have been filed at Jodhpurs and Jaipur Bench and directions have been given for admission to the various candidates while disposing of the writ petitions or by way of provisional admissions. Twenty writ petitions have been disposed of by the learned Single Judge in the case of Tara Chand Vs. State of Rajasthan (2), wherein the following directions have been given : " (i) A fresh select list of 26 candidates as per the merit shall be prepared as discussed earlier, by the Principal, College of Nursing Rajasthan, for admission in B. Sc. (Nursing) Part-Ill Course for Trained and Registered Nurses. The List shall be prepared within 7 days from today and all the selected candidates shall be intimated telegraphically as well as by registered post about their admission in the Course, so that they may take admission without further loss of time in case they desire. (ii) The admission of 18 candidates who were given admission by the Principal, as per the select list prepared in accordance with notification dated 11. 6. 1991, shall remain undisturbed and they shall be allowed to continue their studies in B. Sc. (Nursing) Part-III Course. (iii) The admission of the candidates who have got admission in the course on the final decision in the writ petitions filed by them, shall also remain undisturbed, subject to any order that may be passed by a Division Bench before whom the appeals filed by the Department are pending. Similarly, five candidates whose writ petitions have been allowed by the Hon'ble Single Judge, but, who have not taken admission as yet, will have to be given admission in pursuance to the decisions, provided in appeal/ appeals the Division Bench does not stay or set aside the order of the Single Judge. (iv) The candidates who have been given provisional admission in pursuance to the orders of the High Court, shall be given admission in the course if their names are included in the fresh select list, otherwise, their provisional admission shall stand cancelled. (v) The writ petition of Shri Shyam Babu is disposed of in the manner that if his name finds place in the fresh select list, he shall be given admission. "
(3.) LEARNED counsel for Tara Chand has submitted that the directions which have been given by the learned Single Judge are discriminatory in so far as the petitioner is concerned and he has already been given provisional admission and under-gone course for a period of more than 3 months. It is also submitted that no proper select list has been prepared. It is admitted that the advertisement was issued for 26 seats and the candidates who are having 5 years' experience are eligible to which the appellant fulfils. The exclusion of the name of the appellant in the list prepared is not in accordance with law as all conditions of the Ordinance are fulfilled by him. It is also submitted that the persons who have been given provisional admission in accordance with the orders of this court cannot be discriminated and should be treated at par with the person who have been given admission finally while disposing of the writ petitions. The submission of the learned counsel appearing on behalf of the Principal, College of Nursing is that the College has no facility to accomodate more than 26 persons and the admission has to be given to the eligible candidates only in accordance with the merit list, which has already been prepared in the light of the decision given by this court in the case of Prakash Chand U/s State of Rajasthan, referred to above. Similar directions have been given in 4 writ petitions at Jodhpur. It is submitted that admissions to 20 persons have already been given and they have not been made as parties, so even if they are not entitled for admission, any adverse order could be passed against them. Mr. Rastogi appearing on behalf of Om Prakash, Vinod Kumar and Anil Kumar has submitted that initially, information for admission to 22 candidates was given and 15 out of them have joined. Thereafter, the admissions have been given by the order of the Court. It is submitted that Shri Lalit Kumar has obtained only 57. 2% marks and has been given admission and no appeal has been filed against the order in his favour. It is also submitted that the examinations are likely to be held from 26. 10. 1992 and the various candidates who have been given provisional admission and have studied and for which leave has been sanctioned by the State Government, it would be a loss to the State Government, if they are denied further studies. It has also been sub mitted that if the candidates having higher merits have not approached the Court, then they are rot entitled for any relief and that the court has power to give directions for increase of the seats and the matter should be considered of the various students sympathetically as no fraud has been committed by them and even wrong admission should be regularised. ;