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Judgment
Sangeet Lodha, J.�By way of this writ petition, the petitioners are seeking directions to the respondents to permit them to appear in B.Sc. Nursing Part III (New Scheme) Examinations scheduled to be commenced from 2.7.13 and further to declare their result of examination.
The petitioners were admitted to B.Sc. Nursing Course in Gijanjali College of Nursing, the respondent No. 3 herein. The petitioners passed B.Sc. Nursing Part I Examination and thereafter, appeared in B.Sc. Nursing Part II Examination in the month of May, 2012. The result of Second Year B.Sc. Nursing was declared on 22.8.12, wherein the petitioners herein could not pass some of the papers, however, they appeared in the back papers examination conducted by the respondents during the period 30.1.13 to 12.2.13. The result of the said examination was declared on 16.5.13 and all the petitioners cleared the papers. The examination of B.Sc. Nursing Part III were scheduled to be commenced w.e.f. 2.7.13. The petitioners were not issued admission card for appearance in B.Sc. Nursing Part III Examination. Hence, this petition.
It is submitted that on inquiry being made, it was revealed that the University has not permitted the candidates to appear in the B.Sc. Nursing Part III Examination, whose results were declared on 16.5.13, notwithstanding the fact that after declaration of B.Sc. Nursing Part III Examination, the petitioners were permitted to attend the regular classes of B.Sc. Nursing Part III. Precisely, the case of the petitioners is that on account of delay in conducting the examination on the part of the respondent-Rajasthan University of Health Sciences ("the University"), the petitioners cannot be made to suffer.
On 26.6.13, while issuing notices to the respondents, a coordinate Bench of this court noticing the submissions of the learned counsel appearing for the petitioner made in terms that though the petitioners have passed all their ''back papers'' and have attended the classes of part III B.Sc. Nursing Course, admit card is not being issued for the examinations to be held on 2.7.13, passed an interim order in favour of the petitioners in the following terms:
"In the facts and circumstances of the case, it is directed that the petitioners would be issued admission card for appearing in the ensuing examinations for Part-III B.Sc. pursing course, if the said admit card has only been withheld on account of their passing of the ''back papers'' on 16.5.2013. The appearance of the petitioners in the examination shall remain subject to the final decision of the present writ petition."
A reply to the writ petition has been filed on behalf of the respondent No. 2 taking the stand that the examinations of B.Sc. Nursing Part II were conducted in the month of May, 2012; the result was declared in October, 2012 and the petitioners were declared failed in three or four subjects. The petitioners applied for re-totalling of the marks and pending declaration of the result of re-totalling, they were allowed to attend the classes of B.Sc. Nursing Part III. It is submitted that the result of re-totalling was declared in December, 2012, wherein the result of the petitioners remained unchanged. It is submitted that the attendance of the students attending the classes pending declaration result of the re-totalling are treated to be provisional and if the result of re-totaling of marks is negative then the provisional attendance is of no advantage inasmuch as, the student has to be appeared in the back papers examinations again. It is submitted that the petitioners were declared failed in either three or four subjects in B.Sc. Nursing Part II and the result of re-totaling being received with remark ''no change'', the provisional attendance of the petitioners B.Sc. Nursing Part III was of no consequence inasmuch as, they were required to appear in B.Sc. Nursing Part II (2nd attempt). It is submitted that the petitioners B.Sc. Nursing Part II (2nd attempt) Examination was held in the month of February, 2013 and the result was declared on 10.5.13 wherein the petitioners were again declared failed in two subjects out of four subjects. In the meantime, the respondent-University vide communication dated 18.4.13 issued the instructions for submissions of the examination form for B.Sc. Nursing Part III to be held in the month of June, 2013 and the last date for submission of the examination form was 30.4.13 without late fees and 6.5.13 with the late fees of Rs. 100 and 15.5.13 with double fees. It is submitted that since the petitioners have not completed full academic course of B.Sc. Nursing Part III, therefore, the examination forms of the petitioners for B.Sc. Nursing Part III were not forwarded by the respondent-College to the University. It is categorically stated that the petitioners have not attended the regular classes of B.Sc. Nursing Part III for full academic year and were permitted to attend the classes of B.Sc. Nursing Part III provisionally only till December, 2012 and therefore, the averments made on behalf of the petitioners that they have attended regular classes of B.Sc. Nursing Part III is wrong. It is submitted that the stand taken by the petitioners that had the examination been conducted timely, they would have cleared all the examinations, is also incorrect. It is submitted that as a matter of fact, the petitioners could not clear all the subjects and therefore, they had to take second attempt in B.Sc. Nursing Part II Examination. Precisely, according to the respondents since the petitioners did not clear the B.Sc. Nursing Part II Examination and were not permitted to attend the class of B.Sc. Nursing Part III beyond December, 2012 and have not undergone the regular studies of the course, cannot be permitted to appear in B.Sc. Nursing Part III Examination.
The respondents have placed on record abstract of attendance record of the petitioners of B.Sc. Nursing Part III Academic Session 2012-13 inter alia showing the calculation of their attendance in percentage, during the period from June, 2012 to June, 2013, as under:
Learned counsel for the petitioners contended that the petitioners result of B.Sc. Nursing Part II Examination was declared on 26.8.12 and all the petitioners got back papers, the examination whereof was conducted in the month of February, 2013 and the result was declared in the month of May, 2013 and therefore, on account of the delay on the part of the respondent-University, the petitioners cannot be made to suffer. Learned counsel submitted that the petitioners were permitted to attend the classes of B.Sc. Nursing Part III and therefore, there is no reason as to why they should not be permitted to appear in the said examination. It is submitted that pursuant to the interim order, the petitioners have already appeared in the B.Sc. Nursing Part III Examination and therefore, now if they are deprived of the benefits thereof, their one precious year will go waste. Accordingly, it is submitted that even on equitable considerations, the respondents deserve to be directed to declare petitioners'' result of B.Sc. Nursing Part III Examination.
On being asked by the court as to why the factum of 2nd attempt in B.Sc. Nursing II Examination and the fact that the petitioners were permitted to attend the classes pending declaration of the result of re-totaling only during the period from June, 2012 to December, 2012 and in the month of april, 2013 and May, 2013 and they are not having minimum attendance required for appearance in the examination was concealed from this court, the learned counsel had no answer.
On the other hand, learned counsel appearing for the respondents submitted that since the petitioners had not cleared the B.Sc. Nursing Part II Examination, they were not allowed to attend the classes after December, 2012. Drawing the attention of the court to the Abstract of attendance record of the petitioners of B.Sc. Nursing Part III Academic Session 2012-13, learned counsel submitted that the gross attendance of the petitioner No. 1 during the Academic Session was only 42% whereas, attendance of the petitioner No. 2 and 3 was 21% and that of the petitioner No. 3 & 4 was 16% and 22% respectively. Learned counsel submitted that the requirement of the minimum attendance being 75%, the petitioners who have not undergone the regular studies and training of B.Sc. Nursing Part III during the Academic Session as required, cannot be permitted to appear in the examination. Learned counsel submitted that the matter with regard to the pattern of examination and minimum attendance etc. is required to be exclusively dealt with by the competent academic body and the same cannot be interfered with by this court. Accordingly, learned counsel submitted that on the facts and in the circumstances of the case, the petitioners are not entitled for the relief claimed for. That apart, learned counsel submitted that apparently, the petitioners are guilty of deliberate mis-statement and concealment of material facts and therefore, their conduct dis-entitle them from invoking extra ordinary jurisdiction of this court under Article 226 of the Constitution of India.
I have considered the rival submissions and perused the material on record.
It is to be noticed that B.Sc. Nursing Degree consists of four Academic Nursing year i.e. Part I, Part II, Part III and Part IV. As per Ordinance 299-V-3(B), a candidate who has completed the regular course of studies for one Academic year shall be eligible for B.Sc. Nursing Part I Examination, however, a candidate who has failed in two subjects/papers will also be admitted to B.Sc. Nursing Part II course and shall also be eligible for examination to B.Sc. Nursing Part II. Similarly, a candidate who has passed B.Sc. Nursing Part II Examination and has completed a regular course of study for one Academic year is entitled for admission to B.Sc. Nursing Part III course. However, a candidate who has failed in two papers in B.Sc. Nursing Part II are also entitled to admission to B.Sc. Nursing Part III course and eligible to appear in B.Sc. Nursing Part III but his result shall be kept withheld till he passes all the papers of B.Sc. Nursing Part II Examination. But then, as per Ordinance 299-V-3(F), a candidate failing in more than two subjects/papers will be declared as failed and shall not be promoted to next higher class. Admittedly, the petitioners herein had failed in three/four subjects and therefore, were not entitled to be promoted to the B.Sc. Nursing Part III, however, they were permitted to attend the classes of B.Sc. Nursing Part III provisionally inasmuch as, their result of re-totaling was pending. It is not in dispute that as a consequence of re-totaling the petitioners result remained unchanged and therefore, they were not entitled to pursue the studies of B.Sc. Nursing Part III. In this view of the matter, their provisional attendance during the period from June, 2012 to December, 2012 was of no consequence.
It is to be noticed that the fact that the petitioners were declared failed in B.Sc. Nursing Part II Examination on account of their failure to pass three/four papers has been deliberately concealed by the petitioners. The fact regarding provisional permission being granted to the petitioners to pursue the studies of B.Sc. Nursing Part III, awaiting the result of re-totaling has also been concealed by the petitioners. The fact that after December, 2012 after declaration of the result of re-totaling, the petitioners were not permitted to attend the classes of B.Sc. Nursing III, has also been suppressed by the petitioners. The matter with regard to shortage of attendance has also not been disclosed by the petitioners in the petition filed. To the contrary, the petitioners by twisting the facts and not disclosing the true and complete facts, mislead this court and created an impression as if they have pursued the regular course of studies of B.Sc. Nursing Part III during the entire academic year. Thus, apparently, the conduct of the petitioners is not above the board which dis-entitle them from invoking the extra ordinary jurisdiction of this court under Article 226 of the Constitution of India and therefore, the writ petition deserves to be dismissed on this count alone.
Indisputably, the petitioners are pursuing B.Sc. Nursing Course which is a course of regular studies and training, governed by the norms laid down by the Rajasthan Nursing Council and the respondent-University, a statutory body. Obviously, the course of B.Sc. Nursing Course is aimed at imparting training to the prospective Nurses/Midwifery and therefore, unless the candidates pursuing the course has undergone the requisite regular course of the studies and training, cannot be permitted to appear in the examinations. In the considered opinion of this court, the norms laid down regarding the requirement of minimum attendance determined by the expert body cannot be interfered with by this court and therefore, the petitioners who have failed to undergo the requisite period of studies and training cannot be permitted to take up the examination. The matters with regard to academic curriculum, the pattern of examination etc. are required to be dealt with exclusively by the expert bodies and the policy decisions taken in this regard after due deliberation by the academic bodies, cannot be interfered with by the court unless the same are found to be irrational, capricious and perverse. Moreover, in the instant case, in view of the provisions as contained in Ordinance of the University referred to hereinabove, the petitioners having failed in B.Sc. Nursing Part II Examination, could not have been permitted admission to the next higher class and therefore, the provisional permission granted to the petitioners by the respondent-College to attend the classes of B.Sc. Nursing Part III pending declaration of the result of re-totaling, is of no consequence.
For the aforementioned reasons, the writ petition lacks merits, it is hereby dismissed. The interim order dated 26.6.13 passed by this court is vacated. No order as to costs.