ANKIT PANCHAL AND ORS. Vs. THE RAJASTHAN UNIVERSITY OF HEALTH SCIENCE AND ORS.
LAWS(RAJ)-2014-2-218
HIGH COURT OF RAJASTHAN
Decided on February 21,2014

Ankit Panchal And Ors. Appellant
VERSUS
The Rajasthan University Of Health Science And Ors. Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioners are seeking directions to the respondents to permit them to appear in B.Sc. Nursing Part III (New Scheme) Examinations scheduled to be commenced from 2.7.13 and further to declare their result of examination.
(2.) THE petitioners were admitted to B.Sc. Nursing Course in Gijanjali College of Nursing, the respondent No. 3 herein. The petitioners passed B.Sc. Nursing Part I Examination and thereafter, appeared in B.Sc. Nursing Part II Examination in the month of May, 2012. The result of Second Year B.Sc. Nursing was declared on 22.8.12, wherein the petitioners herein could not pass some of the papers, however, they appeared in the back papers examination conducted by the respondents during the period 30.1.13 to 12.2.13. The result of the said examination was declared on 16.5.13 and all the petitioners cleared the papers. The examination of B.Sc. Nursing Part III were scheduled to be commenced w.e.f. 2.7.13. The petitioners were not issued admission card for appearance in B.Sc. Nursing Part III Examination. Hence, this petition. It is submitted that on inquiry being made, it was revealed that the University has not permitted the candidates to appear in the B.Sc. Nursing Part III Examination, whose results were declared on 16.5.13, notwithstanding the fact that after declaration of B.Sc. Nursing Part III Examination, the petitioners were permitted to attend the regular classes of B.Sc. Nursing Part III. Precisely, the case of the petitioners is that on account of delay in conducting the examination on the part of the respondent -Rajasthan University of Health Sciences ("the University"), the petitioners cannot be made to suffer.
(3.) ON 26.6.13, while issuing notices to the respondents, a coordinate Bench of this court noticing the submissions of the learned counsel appearing for the petitioner made in terms that though the petitioners have passed all their 'back papers' and have attended the classes of part III B.Sc. Nursing Course, admit card is not being issued for the examinations to be held on 2.7.13, passed an interim order in favour of the petitioners in the following terms: "In the facts and circumstances of the case, it is directed that the petitioners would be issued admission card for appearing in the ensuing examinations for Part -III B.Sc. pursing course, if the said admit card has only been withheld on account of their passing of the 'back papers' on 16.5.2013. The appearance of the petitioners in the examination shall remain subject to the final decision of the present writ petition.";


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