AI Structured Summary
Not yet generated for this judgment
Judgment
Alok Sharma, J.—The case of the petitioner is that he took admission in B.Sc. Nursing four year course in 2009-10. It is submitted that after passing the Part-I Examination, the petitioner was promoted to Part-II. Thereafter having studied for one academic year the petitioner appeared in B.Sc. Nursing Part-II Examination in February, 2013, result whereof was declared on 11-5-2013, in which the petitioner failed in two subjects. However, the petitioner was then promoted to B.Sc. Nursing Part-III, and thence after examination of B.Sc. Nursing Part-III, the petitioner was allowed to attend class in B.Sc. Nursing Part-IV. The petitioner claims to have undergone one year of regular study in the said class, but was not allowed to appear in the B.Sc. Nursing Part-IV examination commencing 21-6-2014. Hence this petition.
This court vide order dated 20-6-2014 while issuing notice to respondent University under an interim order directed it to permit the petitioner to write the examination of B.Sc. Nursing Part-IV subject to verification of his attendance in course of study, and his having cleared all papers of B.Sc. Nursing Part-III examination. It was made clear that writing of examination of B.Sc. Nursing Part-IV under the interim order of the court would not entitle the petitioner for any equity and the writ petition was to be decided on merits.
Reply to the writ petition has been filed. It has been submitted that although the petitioner was promoted to B.Sc. Nursing Part-III, he had failed in two papers of B.Sc. Nursing Part-II. Under Ordinance 299-V-7, the petitioner''s result of B.Sc. Nursing Part-III could be declared only when he passed in the due papers of B.Sc. Nursing Part-II. Similarly in view of Ordinance 299-V-8, without passing B.Sc. Nursing Part-III examination on his result having been declared the petitioner could not have been promoted to B.Sc. Nursing Part-IV or entitled to write the said examination. In the circumstances the case set up by the petitioner to write the examination of B.Sc. Nursing Part-IV without clearing all papers of B.Sc. Nursing Part-II and declaration of result of B.Sc. Nursing Part-III and promotion to B.Sc. Nursing Part-IV thereafter is baseless and without merit.
Heard learned counsel for the parties and perused the material available on record.
The petitioner has no case. When the petitioner admittedly has back papers of B.Sc. Nursing Part-II, in terms of Ordinance 299-V-7 his result of B.Sc. Nursing Part-III examination cannot be declared. In the circumstances far from being eligible to write the B.Sc. Nursing Part-IV examination he was not even eligible to be promoted thereto under Ordinance 299-V-8 what of write the examination thereof. That the petitioner, however was allowed to write the B.Sc. Nursing Part-IV examination under an ex-parte interim order dated 20-6-2014 passed by this court is of no consequence. The writ petition is wholly baseless and has no merit whatsoever. Dismissed.
In view of dismissal of writ petition holding that the petitioner was not entitled to be admitted to B.Sc. Nursing Part-IV or write examination of B.Sc. Nursing Part-IV, I would direct mat penalty levied on petitioner even while he wrote the examination of B.Sc. Nursing Part-IV under order of this court dated 20-6-2014, be refunded to him.