- (1.) ALL these writ petitions relate to admission in B. Sc. (Nursing) Part III Examination, as such, they are disposed of by a common order.
(2.) THE courses of study leading to B. Sc. (Nursing) Degree consist of four academic years i. e. Part-I, Part-II, Part-III and Part-IV. Ordinance 299-V-3 of the University of Rajasthan provides for admission to Courses of Study in B. Sc. (Nursing ). It reads as under : - "o. 299-V-3 : (a) A candidate who has completed the age of 17 years at the time of admission or will complete the age on or before 31st December of the year of the admission to B. Sc. (Nursing) Part-I Course and passed the First Year Science Examination of Three Year Degree Course (Pass/honours) of the University or an examination recognized by the University as equivalent thereto in all the compulsory subjects and the optional subjects of medical group (Physics, Chemistry and Biology) including English as one of the compulsory subjects with a minimum of 45% marks (40% for natural born scheduled caste and scheduled tribe candidates) in the aggregate of English and Science subjects (Physics, Chemistry and Biology) taken together at the qualifying examination shall be eligible for admission to the B. Sc. (Nursing) Part-1 Course: Notes : (i) Where the seats reserved for Scheduled Caste and Scheduled Tribes students in the State can not be filled for want of requisite number of candidates fulfilling the minimum requirements prescribed for the State, then the vacant seats be filled up on all India basis with Scheduled Caste and Scheduled Tribes candidates getting not less than the aforesaid minimum prescribed pass percentage. (ii) A candidate who has passed in the compulsory subjects of General Hindi/general English and the optional subjects of the medical group (Physics, Chemistry and Biology) of the First Year Examination of the Three Years Degree Course in Science conducted by the University shall be deemed to have passed the First Year T. D. C. (Sc.) Examination for the purpose of this Ordinance. (b) A candidate who after passing the B. Sc. (Nursing) Part-I Examination of the University has attended a regular course of study in an affiliated college for one academic year shall be eligible for admission to the B. Sc. (Nursing) Part-II Examination. (c) A candidate who after passing the B. Sc. (Nursing) Part-II Examination of the University has attended a regular course of study in an affiliated college for one academic year shall be eligible for admission to the B. Sc. (Nursing) Part-Ill Examination. (d) 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-Ill Examination on producing N. O. C. from State Government. THEir merit will be calculated on the basis of marks obtained in General Nursing (Final) Year Exam. together with Bonus Marks of one for every 2 years of Completed Regular Services in Nursing exceeding than five years of minimum regular nursing Services 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 B. Sc. (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, Part- III and Part-IV Examination will be examined in accordance with the syllabus already notified for the respective examinations of 1990. THE candidates who will now be admitted directly to the B. Sc. Nursing Part III after passing the General Nursing Course will be examined in accordance with the syllabus which has been laid down by the COC for the B. Sc. Nursing Pt-III Examination 1990 and not according to the B. Sc. Nursing Part III Exam. 1989 and 1990 and Part IV Examination 1989 and 1990 in their cases. (e) A candidate who after passing the B. Sc. (Nursing) Part-Ill Examination of the University has attended a regular course of study in an affiliated college for one academic year shall be eligible for admission to the B. Sc. (Nursing) Part-IV Examination. " The respondent Principal, College of Nursing, Rajasthan, Jaipur, issued/published a Notification No. 91/adm. /461-66 dated June 11, 1991, inviting applications for admission in B. Sc. (Nursing) Four Years Degree Course Part-I, and B. Sc. (Nursing) Part-Ill Examinations. This Notification has been placed on record as Annexure-1 in S. B. Civil Writ Petition No. 2420/92. For the eligibility of a candidate for admission to B. Sc. (Nursing) Part- III Examination, available for the candidates having passed the General Nursing Course, the following conditions were laid down in the said notification, viz. : - (i) he should have passed the General Nursing Course and be Registered Nurse with a recognised body (State Nursing Council), (ii) have a minimum of five years regular nursing experience, (iii) should be in service of the Government of Rajasthan, and produce N. O. C. from the State Government, (iv) passed the First Year Science Examination of Three Years Degree Course of the University or an examination recognised by the University as equivalent thereto in all the compulsory subjects and the optional subjects of medical group (Physics, Chemistry and Biology) including English as one of the compulsory subjects with a minimum of 45% marks (40% for natural born SC/st candidates) in the aggregate of English and Science subjects (Physics, Chemistry and Biology) taken together at the qualifying examination. A comparison of the eligibility conditions for B. Sc. (Nursing) Part-Ill Course for in service registered nurses, as provided in Ordinance 299-V-3 and the notification inviting applications for such admission as provided in Annexure-1, will show that the last condition for the eligibility for such admission as provided in the notification is not mentioned in the relevant part (d) of 0. 299-V-3. It appears that in pursuance to the aforesaid notification, inviting applications for admission to B. Sc. (Nursing) Part-Ill Course, registered nurses having requisite experience, who had passed the General Nursing Course after having passed the First Year Science Examination of T. D. C. , as well as other registered nurses having requisite experience but had passed the General Nursing Course without having passed First Year Science Examination of T. D. C. had applied for admission in the said course. It is note-worthy that before the session of 1990-91, for admission to the General Nursing Training Course, the requisite academic qualification was Higher Secondary Examination; or, Pre-University Examination; or, Pre-Degree Examination in Science of the Board of Secondary Education, Rajasthan; or, an examination recognised by the University as equivalent thereto. It is not disputed that all the petitioners have passed General Nursing Training Course before 1990 and were having requisite academic qualifications as required for passing General Nursing Course at that time. It is also not disputed that all of them possessed the requisite experience of five years service in the State of Rajasthan and are registered nurses, but , they were denied admission on the ground that they had not passed the First Year Science Examination of Three Years Degree Course of the University or an examination recognised by the University as equivalent thereto as stated above. On receipt of the application forms, respondent No. 3 scrutinised them for selection of the candidates for the admission to B. Sc. (Nursing) Part-I & III (Trained and Registered Nurses) Session 1991-92. The application forms of those trained and registered nurses who had passed First Year Science Examination of Three Years Degree Course of the University or an examination recognised by the University as equivalent thereto, were considered to be eligible for admission. A list of 22 such candidates was notified vide office order dated 1. 1. 92 who were provisionally selected for the admission. By this office order, they were required to report for their admission to the Principal, College of Nursing, Rajasthan, Jaipur on or before 13. 1. 92. (A copy of this order has been placed on record as Annexure 8 in S. B. Civil Writ Petition No. 2420/92 ). Mr. N. C. Goyal, appearing for the respondents, brought to my notice that this list was extended to 29 candidates. Out of the above provisionally select list of 29 candidates, only 17 candidates had taken their admission before 17. 2. 92 as brought to my notice by Mr. Goyal, which is not controverted by the learned counsel for the petitioners. One Prakash Chand, who had also applied for B. Sc. (Nursing) Part III Course as Trained and Registered Nurses for the session 1991- 92, and who was not found to be eligible by respondent No. 3 on the ground that he did not pass First Year Science Examination of Three Years Degree Course or equivalent thereto, filed a writ petition before this Court which was registered as S. B. Civil Writ Petition No. 442/92 (Prakash Chand vs. State of Rajasthan & ors. ). This writ petition was allowed on 17. 2. 92 by a Single Bench of this Court and it was held that for the eligibility for admission in B. Sc. (Nursing) Part-Ill Course for trained and registered nurses, it was not necessary that the applicant should have passed the First Year Science Examination of Three Years Degree Course or equivalent thereto, as required as per the notification as no such requirement is necessary for such admission as provided in 0. 299-V-3 (d ). Consequently, direction was given to the respondents to give admission to the petitioner in B. Sc. (Nursing) Part-Ill Course. Similar Orders were passed by this Court in S. B. Civil Writ Petition No. 1943/92 (Vinod Kumar vs. State of Raj. & Ors.); S. B. Civil Writ Petition No. 2040/92 (Radha Kishan Purohit and another vs. State of Raj. & Ors. at Principal Seat, Jodhpur); and S. B. Civil Writ Petition No. 1943/92 (Subhash Chand vs. Stale of Raj. & Ors. ).
(3.) THE main contention of the learned counsel for the petitioners is that the petitioners were/are entitled to get admission in B. Sc. (Nursing) Part-Ill Course for trained and registered nurses, as they are eligible as per 0. 299-V-3 (d ). According to them, the petitioners had passed General Nursing Course and they are registered nurses with a recognised body (State Nursing Council) and have a minimum of five years regular nursing experience, and these are the only requisite conditions for the eligibility for the admission to the Course as per the Ordinance and the extra requirement that the candidate should have passed the First Year Science Examination of Three Years Degree Course or equivalent thereto in the notification issued by the Principal, is contrary to the statutory provisions provided in the Ordinance. Counsel argued, any additional condition for the admission to the said course, which is not provided in the Ordinance, is illegal and ultravires. THE learned counsel further submitted that the Principal, College of Nursing, should be directed to prepare a fresh select list of the candidates and their eligibility should be considered as per the Ordinance. It was also argued that a similar view has been taken by this Court in some of the judgments, reference of which have been already made earlier. On the other hand, Mr. Goyal submitted that the list of the select candidates for admission to B. Sc. (Nursing) Part-III Course for trained and registered nurses was rightly prepared by the Principal. It was urged by him that the Ordinance 299-V-3 should be read as a whole and its clauses (a) and (d) should be read together and if they are read together, then, it is clear that for a candidate to be eligible for admission to B. Sc. (Nursing) Part-Ill Course, he must have passed First Year Science Examination of Three Years Degree Course or equivalent thereto. I have considered the above submissions and, in my view, the contention raised by the learned counsel for the petitioners deserves to be accepted. A bare reading of 0. 299-V-3, which provides eligibility of the candidates for admission to various courses of study leading to B. Sc. (Nursing) Degree which consist in four academic year i. e. Part-I, Part-II, Part-Ill and Part-IV, Clause (a) of the said Ordinance provides the eligibility of the candidates for admission to the B. Sc. (Nursing) Part-I Course. After passing B. Sc. (Nursing) Part-I Examination, a candidate becomes eligible for admission to the B. Sc. (Nursing) Part-II. Examination. Then, a candidate who passed B. Sc. (Nursing) Part-II Examination of the University becomes eligible for admission to B. Sc. (Nursing) Part-Ill Examination, and such candidates who passed B. Sc. (Nursing) Part-Ill Examination, becomes eligible for admission to B. Sc. (Nursing) Part-IV Course. This is one method of completing B. Sc. (Nursing) Course of four academic years for getting a degree. ;