Dismissed

Amit Gandhi S/O Shri Hanuman Prasad Gandhi v. Indian Nursing Council

Rajasthan HC7 Aug 2024SAW/188/2024

Case brief

AI extract

What is this about?

The Division Bench Special Appeal was filed challenging a Single Judge's dismissal of a petition seeking a mercy chance to complete a nursing course. The Court held that since the appellant did not complete the course within the prescribed four-year limit and no valid relaxation notification existed at the time of his final attempt, no ground was made out for entertaining the appeal.

What the court decided

AI extract

Amit Gandhi S/O Shri Hanuman Prasad Gandhi Vs… — Education and Admissions | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 188/2024

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Amit Gandhi S/o Shri Hanuman Prasad Gandhi, Aged About 27 Years, R/o H No. 11 Gali, No. 2 Poonam Colony, Bhimaganj Mandi, Kota, Rajasthan.

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----Appellant

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Versus

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Indian Nursing Council, Through Its Secretary, Indian Nursing Council, 8Th Floor, Nbcc Center Plot No. 2, Community Center Okhla Phase-1, New Delhi-110020.

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State Nursing Council, Through President, C-Scheme, B- 39, Sardar Patel Marg, Ashok Nagar, Jaipur, Rajasthan.

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The Rajasthan University Of Health Science, Jaipur, Through Its Registrar, Sector -18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur (Raj.)

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Controller Of Examination, Rajasthan University Of Health Sciences, Jaipur, Sector 18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur, Rajasthan.

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----Respondents

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For Appellant(s) : Mr. Arafat Hussain For Respondent(s) :

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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07/08/2024

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Appellant has preferred this special appeal(writ) aggrieved by order dated 12.09.2023 passed by learned Single Judge whereby writ petition filed by the appellant and other similarly situated petitioners was dismissed.

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It is contended by counsel for the appellant that appellant joined the nursing course in 2016-2017. He appeared for the final

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[SAW-188/2024]

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(2 of 3)

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examination in December, 2018 and result was declared on 05.04.2019, thereafter he again appeared for two subjects which he could not clear and the result was declared on 05.09.2019. Thereafter, he again appeared for the final examination and vide result dated 07.02.2019 he again could not clear the two subjects. Thereafter, he again appeared for the last chance which was available to him and he could not clear one paper, the result of which was declared on 04.12.2020.

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It is also contended that vide circular issued by the Indian Nursing Council, they gave mercy chance to the candidates who had not cleared the final examination. The said notification No.07/2022 was issued on 28.04.2022. It is further contended that Indian Nursing Council defines ‘Grant of Mercy Chance’ as under:-

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“Maximum time limit for completing Nursing Course can be relaxed subject to the condition that, such candidate qualify a basic examination conducted(for the purpose) by the respective State Nursing Council in order to be allowed to appear in the final year University examination”.

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It is argued that no basic examination was conducted by the State Nursing Council and thereafter, the appellant was deprived of appearing in the mercy chance which was available to him. It is contended that a notification for grant of mercy chance was also issued on 15.03.2019 wherein the Indian Nursing Council resolved that maximum time limit for completing Nursing Course can be relaxed subject to the condition that such candidate qualify a basic examination conducted(for the purpose) by the respective State

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[SAW-188/2024]

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(3 of 3)

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Nursing Council in order to be allowed to appear in the final year University examination.

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We have considered the contentions and have perused the notification No.7/2022 dated 28.04.2022.

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It is evident that after 2019 till 2022, no fresh notification was issued by the Indian Nursing Council. The present appellant had not cleared the examination in time prescribed inspite of availing four opportunities and ultimately he was declared unsuccessful on 04.12.2020. No notification was existing as on 04.12.2020 and the notification on the basis of which the appellant is raising the fresh ground was issued on 28.04.2022.

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Be that as it may, the point is that the maximum time which is permissible by the University for completing the course is four years. Appellant did not complete the course within four years. The writ petition filed by similarly situated persons who did not complete the course within prescribed time were dismissed and their special appeal have also dismissed, hence, no ground is made out for entertaining the present special appeal(writ) and the same is accordingly, dismissed.

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(PRAVEER BHATNAGAR),J

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(PANKAJ BHANDARI),J

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HEENA/39

Amit Gandhi S/O Shri Hanuman Prasad Gandhi v. Indian Nursing Council

Case brief

What is this about?

What the court decided

Amit Gandhi S/O Shri Hanuman Prasad Gandhi v. Indian Nursing Council

Case brief

What is this about?

What the court decided

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