ALOK SHARMA,J. - (1.) The petitioners are students of 4 years B.Sc. Nursing Course. Admission of students in 4 year B.Sc. Nursing Course is governed by the Rajasthan University of Health Sciences (hereafter 'RUHS') Ordinances. Ordinance 299 V 6 of RUHS Ordinances relating to promotion to B.SC. Nursing Course Part-II is reproduced herein as under:- "A candidate who has passed B.Sc. Nursing Part I examination will be promoted to B.Sc. Nursing Part II course and after completion of regular course of studies for one academic year shall be eligible for B.Sc. Nursing Part II examination Or A candidate who has failed in any two papers will also be promoted to the B.Sc. Nursing Part II course and shall also be eligible for examination to B.Sc. Nursing Part II. The result of B.Sc. Nursing part II will be kept withheld and declared only when the candidate has passed all the papers of B.Sc. Nursing Part I Examination.
(2.) The case of the petitioners is that they indeed have one and two back papers respectively in B.Sc. Nursing Part I examination. They wrote the remanded examination with regard thereto on 29.11.2017, result whereof however has yet been declared even while the petitioners have passed the paper in B.Sc. (Nursing) Part-II at an examination conducted by RUHS. It has been submitted that delay in the declaration of the result of the remanded examination of B.Sc. (Nursing) Part-I attributable to the respondent-University should entail the petitioners being denied an opportunity of writing B.Sc. Nursing Part-III examination, which they would be eligible to write in the event of being declared pass in the B.Sc. (Nursing) Part-I back papers, which they have written on 29.11.2017. Mr. A.R. Meena, counsel for the petitioners in these circumstances submitted that in this view of the matter, the conditional order passed by this Court in S.B. Civil Writ Petition No. 2333/2015 (Hari Shankar and Ors. v. Rajasthan University of Health Sciences and Ors.); decided on 26.3.2015 be passed in this case and petitioners be allowed to write B.Sc. Nursing Part-III examination and their result thereof be declared subject to their passing the remanded examination of B.Sc. Nursing Part-I - result of which is awaited.
(3.) Mr. Ashish Kumar Singh appearing for the respondent-University, however, submitted that until the petitioners pass all due papers of B.Sc. Nursing Part-I examination, in terms of Ordinance 299 V 6 of the RUHS Ordinances, they could be promoted to B.Sc. Nursing Part-II examination what of being promoted to B.Sc. (Nursing) Part-III and write examination thereof. Besides, subsequent to admission into B.Sc. Nursing Part-III, after declaration of result of back papers of B.Sc. (Nursing) Part-I the petitioners would be required to complete one academic year of regular study in B.Sc. Nursing Part-III as warranted by the governing ordinance. It was submitted that order in S.B. Civil Writ Petition No. 2333/2015 was a consent order and nothing had been stated therein with regard to the requirement of the Ordinances for completing one academic year regular course study in B.Sc. Nursing Part-III prior to being entitled to write the B.Sc. (Nursing) Part-III Examination. That order therefore, does constitute a binding precedent on this court.;