[2025:RJ-JP:19152] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6236/2025 Ashok Singh S/o Bhagwan Singh Rawat, Aged About 28 Years, R/o Bhagwanpura Ranata Tehsil Beawar, Ajmer Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through The Principal Secretary Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Government Secretariate, Jaipur, Raj. 2. Rajasthan University Of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan Through Its Registrar. 3. S.m.s. College Of Nursing, Shivanathpura Jodhpur Byepass Beawar Ajmer, Raj. Through Its Principal. ----Respondents For Petitioner(s) : Mr.Himanshu Saini with Ms.Nikita Singhal For Respondent(s) : Mr.Eshaan Sanghi JUSTICE ANOOP KUMAR DHAND Order 06/05/2025 1. The instant writ petition has been preferred by the petitioner with the following prayer:- “It is, therefore, humbly prayed that this writ petition may be allowed and the entire record of the case be called for and be perused by this Hon’ble Court, if so please: i. By issuing an appropriate writ or order or direction, the respondents be directed to allow the petitioner to fill the examination form and appear in the supplementary exam of B.Sc Nursing Part IV Paper Community Health Nursing-II and thereupon his result and degree be issued. [2025:RJ-JP:19152] (2 of 4) [CW-6236/2025] ii. Any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in favour of the writ petitioner may also be passed.” 2. By way of filing this writ petition, the petitioner is seeking direction against the respondent to allow him to fill the examination form and appear in the supplementary examination of B.Sc Nursing-Part IV, for paper Community Health Nursing-II and thereafter, declare the result and if in case, he passes the examination, degree be issued for the same. 3. Learned counsel for the petitioner submits that the petitioner got the admission in B.Sc. Nursing course in the year 2014, but the examinations were not conducted by the respondent- University in the years 2017 and 2020. Counsel submits that as per the Ordinance 299-V-3(c) of the handbook of the University of Rajasthan, Part-II, Volume-II, there shall be two examinations in one academic year and the main subsequent examination should be conducted within a period of 4-6 months from the remanded candidates. Counsel submits that when no examinations were conducted in the years 2017 and 2020, the petitioner could not get an opportunity to appear in the examination, therefore, by showing mercy upon the petitioner, last opportunity be granted to clear the examination by allowing him to appear in the same. 4. Per contra, learned counsel for the respondent-University opposes the prayer and submits that as per the Ordinance 299-V- 10, maximum number of attempts permitted for each paper will be three, including the first attempt and maximum period to complete the course should not exceed the period of 8 years. Counsel submits that in the instant case, more than 10 years have [2025:RJ-JP:19152] (3 of 4) [CW-6236/2025] passed and the petitioner could not complete the course successfully, surprisingly in a span of ten years, therefore, under these circumstances, the petitioner is not entitled to get another chance and the instant writ petition is liable to be rejected. 5. In support of his contention, learned counsel for the respondents has placed reliance upon the following judgments are as follows:- i. Yogendra Vs. Rajasthan University of Health Science & Ors. while deciding D.B. Special Appeal Writ No.1188/2022. ii. Deepika Sharma Vs. Rajasthan University of Health Science & Ors. while deciding D.B. Special Appeal Writ No.1010/2021. iii. Rajasthan University of Health Science Vs. Mahesh Joshi & Anr. while deciding D.B. Special Appeal Writ No.772/2021. 6. Heard and considered the submissions made at Bar and perused the material available on record. 7. Perusal of the record indicates that the petitioner got admission in the B.Sc. Nursing in the year 2014 and he has passed his B.Sc. Nursing Part-I in the year 2016, thereafter, he passed the B.Sc. Part-II in January, 2018 and B.Sc. Part-III in December, 2018, thereafter, the petitioner started appearing in B.Sc. Part-IV from the month of November, 2019 till May, 2024 and during these years, he got six chances to clear the aforesaid examinations, but he has failed to clear the B.Sc. Part-IV in the examinations conducted in the month of November, 2019, April, 2021, December, 2021, April, 2022, November, 2022 and April, [2025:RJ-JP:19152] (4 of 4) [CW-6236/2025] 2023 and in the meantime, the petitioner has already crossed the maximum period, which has been prescribed in the Ordinance 299 V-10, i.e., eight years. As per above Ordinance, a student has to pass the course within eight year. 8. For ready reference, the Ordinance 299-V-10 is reproduced as under:- “O.299-V-10 Maximum number of attempts permitted for each paper will be three including the first attempt. Maximum period to complete the course successfully should not exceed eight years.” 9. In view of the above facts and circumstances, it is evident that the petitioner has already availed six chances to clear the B.Sc. Nursing Part-IV Examination, but he has failed to qualify one paper in spite of availing six attempts and pass his B.Sc. Nursing even in 10 years. The facts narrated above clearly indicates that there is no violation of any statutory provision on the part of the respondent-University in not allowing the petitioner to appear in the present examination, as the same is not within the domain of the University, the scope cannot be broadened by passing mandatory provisions contained under the University Ordinance by granting a sympathetic opportunity in favour of the petitioner that too, when the petitioner has failed to complete the above course even in a period of 10 years. 10. This Court finds no merit and substance in this writ petition. Accordingly, the same is hereby rejected. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Aayush Sharma /242