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Rajasthan High Court - Jodhpur
Seema Pargi vs State Of Rajasthan (2026:Rj-Jd:17664) on 16 April, 2026
Author: Sudesh Bansal
Bench: Sudesh Bansal
[2026:RJ-JD:17664]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16788/2022
Ms. Seema Pargi D/o Shri Laxman Lal Pargi, Aged About 27
Years, Resident of Village Khokharwa Post Dungarsaran, Tehsil
Chikhali, Dungarpur, Rajasthan - 314030.
----Petitioner
Versus
1. State of Rajasthan through Principal Secretary, Medical
And Health Department, Secretariat, Jaipur.
2. Rajasthan University of Health Sciences, Sector 18,
Kumbha Marg, Jaipur Rajasthan through Vice Chancellor.
3. The Controller of Examination, Rajasthan University of
Health Sciences, Jaipur Rajasthan.
4. Principal, M.B. Health and Hygiene Nursing Education
Institute, Dungarpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Hans Raj Kuldeep
Ms. Neha Kalla
For Respondent(s) : Mr. Utkarsh Bafna for
Dr. Mohit Singhvi
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
16/04/2026
1. Petitioner is a student of B.Sc. Nursing course and was not
permitted to appear in two papers of 4 th year examination, due to
non-completion of her four year course within a period of eight
years in the light of Ordinance 299-V-10 of the University, hence,
she preferred instant writ petition on 07.11.2022 with a prayer to
permit her to appear in two due papers of 4 th year of B.Sc. Nursing
viz. (i) Midwifery & Obstetrical Nursing; (ii) Management of
Nursing Service & Education.
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2. This Court vide interim order dated 09.11.2022 permitted
the petitioner to appear in the two due papers provisionally. In
pursuance thereof, petitioner was permitted to appear in the
examination of two due papers and has been declared pass in the
result dated 17.01.2023.
3. The issue crops up and survives in this writ petition is to
grant a decree of B.Sc. Nursing four year course to petitioner or
not, in the light of Ordinance 299-V-10 of the University, which
reads as under:-
"O.299-V-10. Maximum number of attempts
permitted for each paper will be 3 including the first
attempt. Maximum period to complete the course
successfully should not exceed 8 years."
4. Admitted and undisputed facts of the case are that petitioner
got admission in the B.Sc. Nursing course in the year 2013 and
has cleared Part I, Part II and Part III so also two papers of Part
IV, and remaining two papers of Part IV viz. (i) Midwifery &
Obstetrical Nursing; (ii) Management of Nursing Service &
Education has also been cleared by petitioner as per result dated
17.01.2023. Admittedly, petitioner was permitted by the
University to write the examination of Part IV of B.Sc. Nursing
commencing in the Month of April 2022, but was not permitted to
appear in the remand examination commencing in the Month of
November, 2022, to clear the two due papers of Part IV, hence,
this writ petition.
5. The contention of counsel for petitioner is that the provision
of Ordinance is handmade procedure of law, which may be relaxed
in case of petitioner, more particularly, considering the period of
pandemic Covid-19 due to which the examination of Part IV of
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B.Sc. Nursing was not conducted by University in the year 2021.
His submission is that the period of eight years as per Ordinance,
beginning from year 2013, ends in the year 2021, but since in the
year 2021, examination of Part IV B.Sc. Nursing was not
conducted, hence, the University itself extended the period by one
year i.e. upto next year i.e. 2022 and permitted the petitioner to
appear in the examination commenced in the Month of April,
2022, but arbitrarily restrained her from appearing in the
examination, commenced in the Month of November, 2022 itself.
6. Learned counsel for the petitioner has placed reliance upon
the extension of limitation granted by the Hon'ble Supreme Court,
considering the unprecedented situation of pandemic Covid-19 for
the period from 15.03.2020 to 28.02.2022, as observed and held
in In Re: Cognizance for Extension of Limitation [(2022) 3
SCC 117].
7. Learned counsel appearing on behalf of University, on the
strength of Ordinance 299-V-10, contends that the same is
inflexible and once the petitioner could not complete her B.Sc.
Nursing course within a period of outer limit of eight years, same
cannot be extended by the Court. His further contention is that
the scope of judicial review is matters involving education and
examination system is extremely narrow and in similar
circumstances, Coordinate Bench of this High Court did not grant
indulgence and writ petitions were dismissed, which has been
affirmed by the Division Bench.
8. Having considered the rival contentions of counsel for both
parties and after going through the Ordinance 299-V-10 (supra),
this Court is of the opinion that the provision of Ordinance may
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not be considered as rigid and inflexible that same cannot be
relaxed even in exceptional and unprecedented circumstances.
The situation of pandemic Covid-19, which not only was faced by
the State of Rajasthan but by the entire country, is not unknown.
That was an unprecedented situation. Taking cognizance of such
situation, University itself relaxed the period of eight years as
envisaged in the Ordinance and one year extension from 2021 to
2022 was given.
9. As per the Ordinance, the period of eight years for petitioner
commencing from the year 2013 expires in the year 2021, but
considering the unprecedented situation of Covid-19, one year
extension was given by the University up to year 2022.
10. It appears that University permitted the petitioner to appear
in the examination of Part IV of B.Sc. Nursing commenced in the
Month of April, 2022, but restrained the petitioner to re-appear in
the remand examination, in the Month of November, 2022 to clear
her two due papers, whereas the remand examination was
conducted by the University in the same year i.e. 2022 in the
Month of November, 2022, which fall within the extended period of
one year from 2021 to 2022. In this view, restriction put forth by
University for petitioner to appear in the examination of two due
papers commenced in the Month of November, 2022, which is well
within the extended period of one year is self contradictory and
unexplained.
11. Hence, in view of above, University itself extended the period
of eight years and relaxed the provision of Ordinance 299-V-10 for
petitioner and permitted her to write examination of Part IV of
B.Sc. Nursing in the Month of April, 2022, then restricting the
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petitioner to re-appear in remand examination of November, 2022,
may not be construed to be just and within straitjacket limit of the
Ordinance. Therefore, the action of University by not permitting
the petitioner to appear in the two due papers of Part IV of B.Sc.
Nursing examination viz. (i) Midwifery & Obstetrical Nursing; (ii)
Management of Nursing Service & Education, commenced in the
Month of November, 2022, cannot be countenanced. The pretext
of Ordinance 299-V-10 does not come to support the plea of
University as the University itself has relaxed this clause of
Ordinance and extended the period of one year beyond the outer
limit of eight years considering the unprecedented situation of
pandemic Covid-19.
12. After conclusion of arguments and dictation of judgment in
open Court, counsel for respondent referred an order dated
11.11.2022, passed by the Division Bench in D.B. Special Appeal
Writ No. 1188/2022: Yogendra Vs. Rajasthan University of
Health Science, whereunder the prayer of writ petitioners, for
extension of period of eight years to complete the B.Sc. Nursing
course was rejected and learned Single Judge dismissed the writ
petitions vide common judgment dated 09.11.2022, which was
affirmed by Division Bench. In that judgment, the case of writ
petitioners was not for seeking permission to pass the due papers
of Part IV of B.Sc. Nursing course nor petitioners appeared in
examination, whereas in the present case, petitioner has already
been granted permission by the Coordinate Bench vide order
dated 09.11.2022 to write the examination of two due papers of
Part IV and the her result has also been declared on 17.01.2023.
Petitioner has been declared pass in both due papers in the result
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dated 17.01.2023, hence, equity has created in favour of
petitioner and due to change of circumstances and in peculiar
facts, relief can be granted to petitioner.
13. As a result, instant writ petition succeeds and is hereby
allowed.
14. Since petitioner has cleared its two due papers of Part IV of
B.Sc. Nursing course viz. (i) Midwifery & Obstetrical Nursing; (ii)
Management of Nursing Service & Education, result of which has
been declared on 17.01.2023, respondent-University is directed to
issue the final mark-sheet / decree of completion of B.Sc. Nursing
course, completed by the petitioner.
15. Needful be done within a period of two months.
16. All pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J
NITIN/165
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