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2025 DAILYLAW 19603 (RAJ)

RAMA KUMARI v. STATE OF RAJASTHAN AND ORS.

CW/3503/2014 · 2025-09-10

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3503/2014 Rama Kumari D/o Shri Purushottam Lal Sharma, Near Bsnl Tower, Village Post Mandrayal, District Karauli, Rajasthan. At Present Working As Anm Chc Mandrayal, District Karauli, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan Through The Principal Secretary, Medical And Health, Govt. Secretariat, Jaipur, Rajasthan 2. The Additional Director Admn. Medical And Health Services, Swasthya Bhawan, Rajasthan, Jaipur 3. The Principal, School Of Nursing Sawai Mansingh Hospital, Jaipur, Rajasthan. 4. The Superintendent, Sawai Mansingh Hospital, Jaipur, Rajasthan ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra-AGC JUSTICE ANOOP KUMAR DHAND Order 10/09/2025 1. The instant writ petition has been preferred against the impugned order dated 03.03.2014 by which the petitioner has not been allowed to appear in the second year examination of GNM Course. 2. The aforesaid prayer so made by the petitioner has been opposed by counsel for the respondents by taking the following preliminary objection in para Nos. 2, 3 and 4 which reads as under:- (2 of 3) [CW-3503/2014] “2. That in this regard it is submitted that GNM course are conducted in accordance with the syllabus and regulations made for the GNM course by the State Government. The relevant clauses thereof are quoted as under:- b) Eligibility for Admission to Examination A. candidates shall be eligible for the admission to the State Council / Board Examination if the Principal of the School certificate that a) she/ he has completed not less than eleven months of the course. The clause (c) of the said Regulations deals with Examination Supplementary and provides that The Council shall conduct supplementary examination with in six month of the annual examination; (a)- (b) If a student fails in two or more papers or practical she / he will not be allowed to proceed to the next year. She/ he shall sit for supplementary examination in the failed subjects /practical only but shall be eligible for the next year's examination after one academic year from the date of passing the last examination. 3. That so far as the aforesaid eligibility criteria is concerned, there is no difference between the fresh/ in-service candidates and both the candidates are at par. However, ANM / LHV / FHW who have been exempted for six months during third year will be eligible for third year examination after completion of six months training but no relaxation in the aforesaid eligibility for completion of first and second year course has been given to such candidates. 4. That in the present case admittedly the result of the First Year GNM Examination November 2011 held from 19.11.2011 to 21.11.2011 was declared on 18.4.2012 wherein the petitioner was declared failed in two subjects Paper II (Behavi. 1.Science) External Exam and Paper-IV (Comm. Health Nsg) External Examination. Thereafter, the result of I year GNM Supplementary Examination July 2012 held from 14.7.2012 to 17.7.2012 the result was declared on 3.9.2012 and II year GNM Examination April 2013 held from 26.4.2013 to 28.4.2013 result was declared on 29.5.2013. Thus it is clear that the petitioner has not passed the II Year GNM (3 of 3) [CW-3503/2014] Examination after passing of clear 11 months of one academic session and therefore as per the aforesaid regulation / syllabus, the petitioner was not eligible for third year and training without clearing the II Year Course. However, the petitioner some how managed the things and appeared in the II year Examination without passing of clear 11 months as per syllabus and therefore her candidature for third year as well as training has been rightly held invalid and ineligible. Photostat Copy of the Marksheet dated 6.6.2014 if filed and marked as Annexure R-1” 3. Perusal of the aforesaid reply indicates that the petitioner has failed in two subjects of first year examination, hence she was not allowed to take the examination of second year. This Court finds no merit and substance in this petition as the petitioner was not eligible for internship and for appearance in the second year examination. 4. Accordingly, the present writ petition stands dismissed 5. Stay application and all pending application (S) if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/64