Rajasthan High Court

Rajesh Dhayal Son Of Shri Shiv Lal vs Rajasthan University Of Health ... on 17 August, 2021

Bench: Sanjeev Prakash Sharma

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR



              S.B. Civil Writ Petition No. 6540/2020
Rajesh Dhayal Son Of Shri Shiv Lal, Aged About 29 Years,
Resident Of Quarter Number 213/8, Pratap Line, Haldi Ghati,
Near Jharkhand Mod, Army Containment, Jaipur, Rajasthan.
                                                                      ----Petitioner
                                      Versus
1.     Rajasthan University Of Health Sciences, Jaipur Through
       Its Registrar.
2.     Shri   Balaji      College       Of    Nursing,        Udaipur,   Rajasthan
       Through Its Principal.
                                                                   ----Respondents

Connected with

S.B. Civil Writ Petition No. 6816/2021

Pradeep Kumar S/o Shri Sita Ram, Aged About 29 Years, R/o Basai Kala, Tehsil Kishangarh Bass, District Alwar Raj.

----Petitioner Versus

1. The Rajasthan University Of Health Science, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur Raj.

2. The Controller Of Examination, Rajasthan University Of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur.

3. Principal, Sanwardhan College Of Nursing, Alwar.

----Respondents

S.B. Civil Writ Petition No. 6535/2020 Ishwar Lal Son of Shri Shanti Lal Suthar aged about 28 years, resident of house no.174 Ambika Nagar, Near Saint Paul School, District Sirohi (Raj.) presently at plot no.32, Swami Vivekananda Boys P.G. Barkat Nagar District Jaipur (Rajasthan)

----Petitioner Versus

1. Rajasthan University of Health Sciences, Jaipur through

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its Registrar.

2. Maa Gayatri Nursing College, Opp. RTO Office Dhikli Road Udaipur Rajasthan through Principal

----Respondents S.B. Civil Writ Petition No. 6696/2020 Sanjay Verma Son Of Shri Arjun Lal Verma, Aged About 27 Years, Resident Of Ramdev Mandir Ke Piche, Tehsil Boli, Sawai Madhopur, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar

2. Ranthambhore College Of Nursing, Sawai Madhopur, Rajasthan Through Its Principal.

----Respondents S.B. Civil Writ Petition No. 6697/2020 Ravindra Kumar Meena Son Of Shri Om Narayan Meena, Aged About 28 Years, Resident Of Plot No. 32B, Prabhu Pradhan City, Ramnagariya, Jagatpura, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar.

2. Rami Devi College Of Nursing, Medi City, Nh-12, Jaipur Road, Dist Deoli, Rajasthan 304023 Through Principal

----Respondents S.B. Civil Writ Petition No. 6699/2020 Jitendra Kumar Mahavar Son Of Shri Moolchand Mahawar, Aged About 27 Years, Resident Of Koli Mohalla, Baler Road, Khandar, Sawai Madhopur, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar

2. Upchaar College Of Nursing, Mansarovar, Jaipur, Rajasthan Through Its Principal.

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                                                               ----Respondents

S.B. Civil Writ Petition No. 6781/2020 Manoj Kumar Son Of Shri Lila Ram, Aged About 26 Years, Resident Of Kaluka Tehsil Mundawar, Hatoondi, Alwar, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar

2. Sharda College Of Nursing, Alwar, Rajasthan Through Its Principal.

----Respondents S.B. Civil Writ Petition No. 6899/2020 Vinay Darji Son Of Shri Ravindra Darji, Aged About 27 Years, Resident Of Arthoona Bus Stand, Banswara Present At Quarter Number 213/8, Pratap Line, Haldi Ghati, Near Jharkhand Mod, Army Containment, Jaipur, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar.

2. Prabha Shankar Pandya College Of Nursing, Banswara, Through Its Principal.

----Respondents S.B. Civil Writ Petition No. 6905/2020

1. Dilkhush Meena Son Of Shri Jasram Meena, Aged About 26 Years, Resident Of Village Kahtoli, Post Office Kahtoli, Tehsil Uniyara, District Tonk, Rajasthan.

2. Vijay Kumar Son Of Shri Satpal, Resident Of Kotari Luhawas, Sikar, Kotari, Rajasthan.

----Petitioners Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar.

2. Anupama Medical Training Institute, (College Of Nursing), Jeevan Nagar, Sanwali Road, Sikar, Rajasthan Through Its Principal.

                                                               ----Respondents



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S.B. Civil Writ Petition No. 6972/2020 Safedi Meena Daughter Of Shri Ram Prasad Meena, Resident Of 33, Mandir Ke Pas, Ward No. 01, Village- Udaipuriya, Post- Khalaniya, Udaipura, Tonk, Uniara, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar.

2. Saint Florence College Of Nursing, Sitapura, Jaipur, Rajasthan Through Its Principal.

----Respondents S.B. Civil Writ Petition No. 6985/2020 Sarjeet Son Of Shri Subhash Chandra, Aged About 28 Years, Resident Of Village- Biwipura Bada, Tehsil- Fatehpur, District- Sikar, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar

2. Mahatama Gandhi College Of Nursing, Sikar, Rajasthan Through Its Principal.

----Respondents S.B. Civil Writ Petition No. 7661/2020 Ravindra Kumar Rawat Son Of Shri Matadin Rawat, Aged About 27 Years, Resident Of B-117, Shyam Mitra Mandal Nagar, Murlipura, Jaipur, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar.

2. Soni Nursing College, Bagru, Jaipur, Rajasthan, Through Its Principal.

----Respondents S.B. Civil Writ Petition No. 12263/2020 Rajesh Kumar S/o Shri Jagdish Prasad, Aged About 26 Years, R/o House No. 377, Barkat Nagar Gali No. 10, Tonk Phatak, Jaipur.

                                                                   ----Petitioner



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                                   Versus

1. Rajasthan University Of Health Sciences, Through Its Vice Chancellor, Sector 18, Pratap Nagar, Jaipur.

2. Controller Of Examinations, Rajasthan University Of Health Sciences, Sector 18, Pratap Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 2956/2021 Prakash Chandra Katiriya S/o Bhanwar Lal, Aged About 29 Years, R/o Vpo Diwer, Tehsil- Bhim, District Rajsamand (Raj.)

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Jaipur (Rajasthan), Through Its Vice Chancellor

2. Controller Of Examinations, Office Of Controller Of Examinations, Rajasthan University Of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Jaipur (Rajasthan)

----Respondents S.B. Civil Writ Petition No. 2977/2021 Sikandra Khatik Son Of Shri Radhe Shyam Khatik, Aged About 27 Years, Resident Of D-80, Phase 3, Jhalana Doongri, Jaipur, 302004, Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar.

2. Balaji College Of Nursing, Bhilwara, Rajasthan Through Its Principal.

----Respondents S.B. Civil Writ Petition No. 3091/2021 Mukesh Kumar Son Of Shri Hira Lal, Aged About 31 Years, Resident Of 298, Indra Gandhi Nagar, Power House, Shiv Shakti Clinic, D.c.m., Udyog Puri, Kota Rajasthan.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur Through

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Its Registrar.

2. Jaiswal College Of Bsc Nursing, Kota Rajasthan Through Its Principal

----Respondents S.B. Civil Writ Petition No. 3353/2021

1. Devesh Kumar Meena S/o Shri Shankar Lal Meena, Aged About 28 Years, R/o Khatepura, Tehsil Bassi District Jaipur (Raj.).

2. Vikram Yadav S/o Shri Sadhuram Yadav, Aged About 26 Years, R/o Chocki Goverdhanpura, Tehsil Kotputli, District Jaipur (Raj.).

----Petitioners Versus

1. Rajasthan University Of Health Sciences, Through Its Vice Chancellor, Sector 18 Pratap Nagar, Jaipur.

2. Controller Of Examinations, Rajasthan University Of Health Sciences, Sector 18, Pratap Nagar, Jaipur.

3. D.h College Of Nursing, Through Its Principal Luniyawas, Jaipur.

----Respondents S.B. Civil Writ Petition No. 3779/2021 Manoj Kumar Rathor Son Of Shri Dhanraj Rathor, Aged About 27 Years, Resident Of Badwa, District Anta, Baran, Rajasthan.

----Petitioner Versus

1. The Rajasthan University Of Health Sciences, Jaipur Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur (Raj.)

2. Controller Of Examination, Rajasthan University Of Health Sciences, Jaipur, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 3780/2021 Mool Chand Yadav S/o Shri Kajod Mal Yadav, Aged About 29 Years, R/o Plot No. 265 Sive, Nager-A Kalwar Rode Harnathpura Rod No. 8 Jaipur, Jhotwara Jaipur, Rajasthan.

                                                                    ----Petitioner



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                                      Versus

1. The Rajasthan University Of Health Sciences, Jaipur Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur (Raj.)

2. Controller Of Examination, Rajasthan University Of Health Sciences, Jaipur, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 3844/2021 Veerendra Singh S/o Shri Premi, Aged About 27 Years, R/o Village Ghatoly, Tehsil Roopwas, District Bharatpur.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Through Its Vice Chancellor, Sector 18 Pratap Nagar, Jaipur.

2. Controller Of Examinations, Rajasthan University Of Health Sciences, Sector 18, Pratap Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 4447/2021 Deva Ram Choudhary S/o Shri Choukha Ram, Aged About 27 Years, R/o V.t Road, Near Gmr Coaching Center, Mansarovar, Jaipur.

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Through Its Vice Chancellor, Sector 18, Pratap Nagar, Jaipur.

2. Controller Of Examinations, Rajasthan University Of Health Sciences, Sector 18, Pratap Nagar, Jaipur.

----Respondents S.B. Civil Writ Petition No. 4567/2021 Sunita Kanwar W/o Shri Surendra Singh, Aged About 30 Years, R/o Do Kudi, Doongaji Ka Gaon, District Rajsamand, Tehsil Godhaji Ja Gaon, Rajasthan.

----Petitioner Versus

1. The Rajasthan University Of Health Sciences, Jaipur Through Its Registrar, Sector-18, Kumbha Marg, Pratap

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Nagar, Tonk Road, Jaipur (Raj.)

2. Controller Of Examination, Rajasthan University Of Health Sciences, Jaipur, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 4911/2021 Yogesh Meena S/o Shri Ratan Lal Meena, Aged About 28 Years, R/o Manatalai, Damri, Dovda, District Dungarpur, Raj.

----Petitioner Versus

1. The Rajasthan University Of Health Science, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur, Raj.

2. The Saint Thomas College Of Nursing, Rampura, Phagi, Dist-Jaipur, Raj. Through Its Principal.

----Respondents S.B. Civil Writ Petition No. 6777/2020 Amjat Khan S/o Shri Chhotu Khan, Aged About 26 Years, R/o Saganeri Gate Near Bsnl Office, Agra Road Jaipur. (Raj.).

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Through Its Vice Chancellor, Sector 18 Pratap Nagar, Jaipur.

2. Controller Of Examinations, Rajasthan University Of Health Sciences, Sector 18 Pratap Nagar, Jaipur.

----Respondents

For Petitioner(s) : Mr. Naveen Dhuwan Mr. Vijay Pathak Mr. Keshav Kumar Agarwal Mr. Bhrigu Sharma Mr. Brijesh Kumar Bhardwaj Mr. Hemant Sharma Mr. Ved Prakash Sogarwal Mr. Arafat Hussain Mr. Rajendra Sharma For Respondent(s) : Mr. Ravi Chirania Mr. Lokesh Parihar Ms. Rekha Jain for Mr. M.A. Khan

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Mr. Gaurav Singh

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

17/08/2021

The issue involved in these writ petitions stands finally

adjudicated by this court in bunch of writ petitions with lead case

of Fauran Singh versus Rajasthan University of Health

Sciences & Anr. : S.B. Civil Writ Petition No.10298/2019

decided on 31.07.2020 wherein issue regarding the number of

attempts which may be allowed to a candidate for appearing in

the exam was considered by this Court and it was decided as

under:-

7. For adjudication of the issue, it would be appropriate to consider the University Ordinance, which governs the examinations. The relevant Ordinance 299-V-4 and Ordinance 299-V-10 reads as under:- "299-V-4 There shall be annual examinations and a second examination for the remanded candidates within a period of 4 to 6 months after the declaration of result."

"299-V-10 Maximum number of attempts permitted for each paper will be three including the first attempt. Maximum period to complete the course successfully should not exceed eight years."

8. It appears that aforesaid Ordinance was amended by the Rajasthan University of Health Sciences vide Notification dated 28th November, 2017 and in place of above provision, following provisions were replaced in Ordinance 299(V)4 and 299(V)10, which reads as under:- "299-V-4 There shall be two examinations in a year - One Main Examination after regular study of 11 th months of the session and the Second Examination (Remanded Exam. or Supplementary Exam.) for those candidates who have failed in the main exam. The

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Remanded Supplementary examination shall be conducted within a period of 4-6 months after the main examination conducted.

299-V-10 A candidate can avail any number of attempts for each paper with the condition that maximum period for passing B.Sc. Nursing course is not more than eight (8) years. If he/she fails to clear all previous year due papers within eight (8) years for such candidate the enrollment will be cancelled automatically and he/she have to leave/discontinue the course. (There shall be no ceiling of number of attempts in failing subjects. However, a candidate is required to pass all subjects of B.Sc. Nursing with in a period of eight years from the date of admission, failing which candidate shall deemed to be discharged from the course automatically."

9. In the opinion of this Court as the Ordinance has been amended only in 2017 and the petitioners had joined in 2010, the University Ordinance as quoted earlier part shall have an application for the present purposes.

10. As per the said Ordinance, the respondents were required to conduct annual examination each year and second examination for the remanded candidates within a period of 4 to 6 months after the declaration of the result. Admittedly, for the B.Sc. Part-I Exam, the candidates who were admitted in 2010 appeared in the examination only in November, 2011 for the first time and thereafter, have appeared in the remanded examination in November, 2012. The Session of First Year, therefore, seems to have been extended almost for a period of 2 years.

11. From the careful reading of Ordinance 299-V-10 as it existed earlier, this Court finds that the Ordinance has two parts. The first part relates to maximum number of attempts permitted for each paper as three including the first attempt and the second part is with regard to the maximum period to complete the course successfully which should not exceed eight years while in the new Ordinance, the language is changed and a candidate is entitled to avail any number of attempt, however, the maximum period for passing B.Sc. (Nursing) Course is not more than eight

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years. Thus, while in the previous Ordinance the word "should complete course in eight years" was mentioned which is to be treated as directory and not mandatory; in the new Ordinance, the language is in a mandatory form stating the words "not more than eight years".

12. This Court has already held that since the students were admitted in the year 2010, the Ordinance applicable on them would be the previous Ordinance and the new Ordinance, which has come into force from 2017, will not apply as all the present petitioners are students who were admitted in 2010-2011.

13. On noticing the judgments cited by learned counsel for the petitioners (supra), this Court finds that the Coordinate Bench has taken a view that if a student has been deprived of yearly examination and there has been a delay in conducting of examinations by the University, he cannot be made to suffer and on the basis of equity, orders have been passed allowing them to appear in the examination.

14. On the other hand, in the judgments cited by learned counsel for the respondents (supra), the Coordinate Bench has taken a view that equity cannot play a role.

15. However, in both types of judgments, as noticed above, the provisions have not been examined. This Court, therefore, deems it appropriate to examine the case in the light of the Ordinance and interpretation thereto.

16. In view of the interpretation of Ordinance, referred herein above, this Court finds that the University was required to conduct main examinations each year and also the supplementary examination within four to six months after declaration of the result in terms of the Ordinance 299-V-4. As per Ordinance 299-V-10, the unsuccessful candidates would be entitled to be allowed maximum number of attempts as provided therein but if the maximum number of attempts could not be completed within eight years, a student cannot be ousted from completing the number of attempts on the ground that the total number of eight years are over as this Court has already held that the

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words "eight years" cannot be treated to be mandatory in the Ordinance as it existed earlier.

17. Accordingly, these writ petitions deserve to be allowed.

18. As noticed, the petitioners were allowed to participate and appear in the examination by interim orders passed from time to time in the individual writ petitions.

19. In view of the interpretation as taken above, these writ petitions are allowed and the respondent-University is now directed to declare result of the petitioners. If the petitioners are found to be successful in the examination, they shall be declared pass and their marks-sheet and degree be accordingly issued. The exercise shall be conducted within a period of three months from today. All pending applications also stand disposed of."

In these cases also, the petitioners were disallowed to

appear in the B.Sc Nursing Part-IV Examination, this Court by an

interim order allowed the petitioners to participate in the B.Sc

Nursing Part-IV Examination, July, 2020.

Taking into consideration the aforesaid adjudication, I am

inclined to allow these petitions. Accordingly the University shall

now declare the result of the petitioners returning result to the

University council.

It is now directed that the University shall declare the result

of the petitioners within a period of seven days henceforth and

issue the relevant mark-sheets.

All pending applications also stand disposed of.