Rajasthan High Court
Kanhaiya Lal Kumawat Son Of Shri ... vs Rajasthan University Of Health ... on 17 August, 2021
Bench: Sanjeev Prakash Sharma
(1 of 3) [CW-6692/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6692/2020
Kanhaiya Lal Kumawat Son Of Shri Hari Ram Kumawat, Aged
About 31 Years, Resident Of Kumawat Colony, Naya Moja,
Asalpur, Jaipur (Rajasthan)
----Petitioner
Versus
1. Rajasthan University Of Health Sciences, Jaipur Through
Its Registrar.
2. Nimt College Of Nursing, Nh-11, Bagrana, Agra Road,
Jaipur, Rajasthan 303012 Through Principal
----Respondents
Connected With
S.B. Civil Writ Petition No. 3055/2021
Shri Mahesh Joshi S/o Omprakesh Joshi, Aged About 34 Years,
Plot - 34, Ganpati Nagar, Jairampura Road, Near Ramdevi Ji
Mandir, The - Neendad, Jaipur (Raj.)
----Petitioner
Versus
1. Rajasthan University Of Health Sciences, Jaipur Through
Its Registrar.
2. Slbs College Of Nursing, Jodhpur, Rajasthan Through Its
Principal.
----Respondents
For Petitioner(s) : Mr. Bhrigu Sharma
For Respondent(s) : Mr. Ravi Chirania
Mr. Gaurav Singh
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
17/08/2021
Learned counsel for the petitioners has relied on the
judgment passed by this court in the case of Kamlesh
Choudhary Versus Rajasthan University of Health Sciences
(2 of 3) [CW-6692/2020]
& Another, SBCWP No.10304/2019 and other connected writ
petitions wherein this court has observed as under:-
"4. As per Ordinance of the University, this Court finds
that new Ordinance which has come into force in 2017
would have no application to the students, who have
been admitted in 2014 and it is the existing
Ordinance, which would be applicable on the students
of batch 2014. In terms of Ordinance 299-PB-18,
maximum number of attempts permitted for each
paper will be four attempts including the first attempt
and the maximum period to complete the course
successfully should not extend four years. 5. From a
bare reading of the aforesaid Ordinance, it is apparent
that while first part of the Ordinance is mandatory i.e.
candidates cannot be allowed to have more than four
attempts; second part of the Ordinance is directory
i.e. course should not extend four years as the word
"should" is used.
6. However, the peculiar circumstances as pointed out
in the factual aspect noted above have to be taken
into consideration, which show that the candidates
were deprived of the fourth attempt for final year.
7. Accordingly, I allow these writ petitions and hold
the petitioners to be entitled to participate in the
fourth attempt for Post Basic B.Sc. Nursing Final
Examination. By interim orders, the candidates were
directed to appear in the examination and they have
all appeared. Accordingly, the University is directed to
now declare the result of the petitioner and if they
have cleared their Post Basic B.Sc. Nursing Final
Examination, the mark-sheet shall be issued to them.
8. No costs.
9. All the pending applications also stand disposed of."
Learned counsel for the petitioners submits that the
petitioners were to appear in July, 2020 and March, 2021 for the
examination of "Community Health Nursing" but was informed
that they cannot appear in the aforementioned course as four
academic years were over.
Learned counsel appearing for the respondent no.1 submits
that examinations of Post B.Sc. Nursing being conducted with
(3 of 3) [CW-6692/2020]
delay of three years in November 2016, is vague and does not
show as to how much alleged delay has been caused.
This court finds that the examinations have been conducted
in November, 2016 whereafter the next examination for the
supplementary was conducted in August, 2017. Similarly second
year examination was conducted in November, 2018 while
supplementary examination of back papers was conducted in
November, 2019. Thus, University has delayed in conducting
examinations after back papers which were required to be
conducted after six months.
Keeping in view the judgment passed by this court as noticed
above, this court is satisfied that four academic years would not
be an embargo for the petitioners to appear in the examinations.
The petitioners were allowed to appear in the examinations
accordingly.
These writ petitions are accordingly allowed and the
respondents are directed to declare the result of the petitioners
now within two weeks.
A copy of this order be placed in each connected file.
(SANJEEV PRAKASH SHARMA),J
Karan/29 & 48
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