JUDGMENT 1. - The petitioner has filed this writ petition under Article 226 of the Constitution of India for a direction to the State of Rajasthan, the Director, Medical & Health Services (Family Welfare), Rajasthan, Jaipur and the Chief Medical & Health Officer, Bhilwara (hereinafter to be jointly referred as the respondents and severely as the respondents No. I to 3 respectively) to give admission to the petitioner in general nursing training course or to issue a writ, order or direction which may be deemed necessary and proper. The brief facts are as under : 2. An advertisement (Annx. 1) dated 16-81991 was published in the Rajasthan Patrika inviting applications from those who were desirous of getting admission in the general nursing training courses at various places in the Sate of Rajasthan. The minimum qualification prescribed for admission, as mentioned in the advertisement, was first year of Three Year Degree Course or 10 + 2 examination with Zoolozy, Chemistry and Physics as the subjects. The petitioner has passed his Senior Higher Secondary examination conducted by the Board of Secondary Education, Rajasthan, Ajmer in the year 1990. He obtained 286 marks out of the total marks of 500 and was placed in second division. However. in the paper of Physics and Chemistry he obtained 66% marks, in the paper of Zoology & Botany he obtained 61% marks and in the paper of General Agriculture he obtained 74% marks. In this way, the petitioner obtained 57.2% marks when calculated on the basis of all the subjects; 63.5% marks when calculated on the basis of Physics, Chemistry, Zoolozy & Botany papers aid 67% marks whe calculated on the basis of Physics, Chemistry, Zoolozy & Botany and Genera`s Agriculture. The petitioner, who had applied for being admitted to the abovel said course, was not admitted although, according to the allegation of the petitioner persons, who had obtained less marks than him, had been given admission and when he contacted the office of the respondents. he was told that since he was having General Agriculture subject in 10 + 2 examina on he had not been admitted. He has alleged that one Ram Gopal Dubey having same subjects as that of the petitioner had been given admission at Bharatpur and it has been contended that the respondents had treated the petitioner with discrimination, in the matter of admission. 3. He has alleged that one Ram Gopal Dubey having same subjects as that of the petitioner had been given admission at Bharatpur and it has been contended that the respondents had treated the petitioner with discrimination, in the matter of admission. 3. Notice of the writ petition was issued to the respondents on 18-12-1991 to show cause why this writ petition should not be admitted and disposed of and the rule was made returnable within two weeks. After service of the notice, the learned Government Advocate appeared on 31-1-1992 and sought time for filing the reply and the case was adjourned to 4-1-1992 on which date, at the request of the learned Government Advocate, two weeks further time was given to the respondents to file the reply with the understanding that if the reply was not filed within the above said period, the writ petition would be heard on merits. In spite of the fact that further time was granted firstly without costs and thereafter subject to payment of costs, to be recovered from the official who is at fault and is responsible for delaying the reply, neither the reply has been filed nor the costs has been paid and no reason was coming forward for non-compliance of the orders and, as such, request for further adjournment was declined vide separate detailed order passed today. 4. I have heard the learned counsel for the parties. It is not disputed before me that the petitioner has to be treated in the same way as the other candidates have been treated by the respondents. The learned Government Advocate is not in a position to say as to whether the above said Ram Gopal Dubey, has also the same subjects as were offered by the petitioner in his examination of 10+2 or if any person having less marks then the petitioner has been selected for admission. It is, however, submitted that due to certain orders passed in the writ petitions filed by some other candidates stay orders having been passed no admissions have been granted so far. It is, however, submitted that due to certain orders passed in the writ petitions filed by some other candidates stay orders having been passed no admissions have been granted so far. The petitioner has a right to be admitted in the course in question if he is eligible for admission according to his own merit and if the criteria for the calculation of the marks of the candidates is all the subjects, the petitioner would be considered on the basis of his having obtained 57.2% marks, but, if the criteria is of the marks obtained only in Physics, Chemistry, Zoolozy & Botany, he would be considered for admission on the basis of 63.5% marks obtained by him in those subjects and if the criteria is of the marks obtained in Physics, Chemistry, Zoolozy & Botany and General Agriculture, the petitioner will be considered on the basis of 67% marks obtained by him in the examination. This position is very fairly not disputed by the learned counsel for the petitioner. If, in fact, the position of Ram Gopal Dubey, above said, and the petitioner is same, there is,no reason why the petitioner should not be given the same treatment. 5. Consequently, it is directed that as and when the respondents are free to make admissions of the candidates for general nursing training course advertised vide Annexure-1, the petitioner's case will be considered in light of the observations made above and if he comes in merits in accordance with one of the criteria to be adopted or having been adopted for admission, he would be admitted in preference to anyone who is given admission and who has obtained less marks than the petitioner. With these directions, the writ petition is disposed of. In the circumstances of the case, the respondents will pay to the petitioner the costs of and incidental to this writ petition which is assessed at Rs. 2000/- (Rupees two thousand only).Writ petition disposed accordingly. *******