Radheyshyam and Others vs State

I.S. Israni, J.—Since a common question is involved in all the three writ petitions, they are disposed of by one Single order. The short question involved in these writ petitions is as to whether the petitioners, who have completed Higher Secondary Examination could be denied admission'' to three years General Nursing Course (Male) only on the ground that they have not passed Higher Secondary Examination with Science (Biology/Physics) from any recognised Institution.

Briefly the facts regarding Writ Petition No. 3724/1990 are that petitioner in this petition passed secondary examination from Board of Secondary Education, Rajasthan, Ajmer in the year 1987. Photostat copies of marks-sheet and certificate are marked as Annexures 1 & 2 respectively. Thereafter petitioner passed Intermediate examination from the Board of High School and Intermediate Education of U. P. The photostat copies of the marks-sheets and certificate are marked as Annexures 3, 4 and 5 respectively. He secured 676 marks out of 1100 which comes to 61.45%. An advertisement was published in daily ''Nav-Bharat Times'' dated November 26, 1989 inviting applications for selection of candidates for General Nursing Course of three years duration. The conditions of eligibility specified in the said advertisement required that a candidate must be intermediate or 10 + 2 with preference to science subject. The petitioner applies for this course and received acknowledgment vide Annexure-6. The result was announced on January 19, 1990 and his name did not appear in the list of Selected candidates. The last candidate who was selected had secured 59.33% marks.

In Writ Petition No. 2966/90 the petitioner passed the secondary examination from the Board of Secondary Education, Rajasthan, Ajmer in the year, 1987. Marks-sheet has been filed as Anx. 1. Petitioner thereafter passed Intermediate Examination from the Board of High School and Intermediate Education of U. P. The photostat copies of marks-sheets of Intermediate parts-I and II have been marked as Annexures 2 & 3 respectively. He secured 668 marks out of 1100 which comes to 60.72% marks.

In Writ Petition No. 4915/90 the petitioner passed secondary examination from the Board of Secondary Education, Uttar Pradesh in the year 1987. Photostat copy of marks-sheets are filed as Annexures-1 & 2 respectively. Petitioner thereafter passed Intermediate examination from the Board of High School and Intermediate Education of U.P. Photpstat copies of the marks sheets dated 14-7-1988 and 20-6-1989 are filed as Annexures 3 & 4 respectively. He secured 746 marks out of 1100 which comes to 67.81%.

It is pointed out by Shri Virendra Lodha & Shri Sanjay Pareek, learned counsel for the petitioners that they have denied admission merely on the ground that these petitioners did not have science subject that is in one case Biology and in another case Physics as subjects in the Intermediate Examination. It is contended by the learned counsel that the course of Intermediate Examination course which have been passed by all petitioners includes Agriculture Botany and Agriculture Engineering which has a topics of Physics also. This shows that these petitioners had studied Biology and Physics both.

It is contended by Miss Deepa Ajwani, learned Assistant Government Advocate that in the advertisement it has been specifically mentioned that those candidates who have science subject will be given preference. Apart from that it is pointed out that since these candidates have not passed with science subjects, therefore, they have not been selected.

It has been pointed out by the learned counsel for the petitioners that their case is squarely covered by two judgments of this Court. Hoti Lal v. State of Rajasthan, (SBCWP No. 1060/89) decided on August 10, 1990 and Iqbal Ahmed v. State of Rajasthan, (SBCWP No. 334/86) decided on April 21, 1986. The matter of Iqbal Ahmed (supra) was decided relying upon the earlier decision of this Court mentioned above.

I do not find it necessary to go into the details and adopt or the reasoning since two cases have already been decided. It has been already pointed out that all the above petitioners have passed out Intermediate with Agriculture Botany and Agriculture Engineering which shows that they had science subjects also. It may further be pointed out that in Iqbal Ahmed (supra) the petitioner was a student of Arts. It was held by this Court that the relevant provisions of the Rajasthan Nursing, Midwives, Health Visitors and Auxiliary, Nurses and Midwives Registration Act, 1964 as well as the Regulations framed therein nowhere provide that it will be compulsory to have science subjects before admission is given in this Course, Therefore, in both above intentioned matters it was held by this Court that the petitioners are eligible to be given admission in the above course. Both these orders are squarely apply to these petitioners also.

Consequently, all these writ petitions are allowed and the respondents are directed to give admission to the petitioners on payment of necessary fees/charges in the General Nursing Course (Male) which has commenced from February, 1990 -- No order as to costs.