JITENDRA GOTHWAL Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES THROUGH ITS VICE CHANCELLOR
LAWS(RAJ)-2017-2-294
HIGH COURT OF RAJASTHAN
Decided on February 22,2017

Jitendra Gothwal Appellant
VERSUS
Rajasthan University Of Health Sciences Through Its Vice Chancellor Respondents

JUDGEMENT

Alok Sharma, J. - (1.) The petitioners were admitted to the B.Sc. (Nursing) Four Year Course conducted by the Rajasthan University of Health Sciences in the academic session 2008-09. They have passed all papers in B.Sc. Nursing Part-I, II and III but have one or more due/back papers in the B.Sc. Nursing Part-IV. The B.Sc. Nursing Part-IV Examination is commencing 23.02.2017 which petitioner sought to be admitted for passing of their due/back papers in B.Sc. Nursing Part-IV. The respondent-University however denied the petitioners permission to be admitted the said examination with reference to the Ordinance 299-V-10 of the University of Rajasthan adopted by it. The said ordinance reads as under:- Ordinance.299-V-10:- "Maximum number of attempts permitted for each paper will be three including the first attempts. Maximum period to complete the course successfully should not exceed eight years".
(2.) The case of the respondent-University is that the petitioners were first admitted in the Four Year B.Sc. Nursing Course in the Academic Year 2008-09 and completed study cannot continue in the said course after Academic Year 2015-16. They are thus not now entitled to be admitted and to write the B.Sc. Nursing Part-IV Examination for their back papers in the Academic Year 2016-17 for which examination are commencing 23.02.2017.
(3.) Mr. Brijesh Bhardwaj and Mr. Rajendra Sharma appearing for the petitioner admitted that no doubt, Ordinance 299-V-10 provides a maximum of eight years for passing the Four Year B.Sc. Nursing Course. It has however submitted that the respondent-University first took the B.Sc. Nursing Part-I Examination in respect of Academic Year 2008-09 in the year 2010 not as it ought to have in 2009. Consequently one of eight years to pass the Four Year B.Sc Nursing Course was lost and only six years were thereupon available to the petitioners for passing the remainder of the Four Year B.Sc. Course. This was to their prejudice. That prejudice is now showing in the denial to write the back papers of B.Sc. (Nursing) Part-IV in the Academic Year 2016- 17.;


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