Judgment G. C. Bharuka and Gurusharan Sharma, JJ. 1. Heard the counsel for the petitioners. 2. In this writ application, the petitioners, who are sixteen in number, seek writ in the nature of certiorari and mandamus respectively for cancellation of the select list of candidates for admission in General Nursing and midwifery Course in Srikrishna Medical. College and Hospital, Muzaffarpur, and re-preparation of the said select list after considering the petitioners case on merit, inclusion of their names in the said list and their admission in the said course. 3. Pursuant to the advertisement in the daily newspaper on 23-3-1991 (Annexure-1) applications for admission in General Nursing and Midwifery course in different Medical Colleges of the State were invited. According to Clause-3 of the said advertisement the minimum educational qualification for admission was passing of examination of 10+2 Intermediate held by any University/board recognised by the State. From Annexure-4 to the writ application it appears that the State of Bihar issued an order contained in Memo No.184 dated 7-1-1987, in terms whereof the recognition of degrees mentioned in Schedule 1 and 2 thereof were extended upto 31-12-1987. Item No.4 of the said Schedule-1 shows that the Madhyama examination conducted by Hindi Vishwavidyalaya. Allahabad was held to be equivalent to B, A. Part I or Intermediate. Thus the said degree was recognised by the State of Bihar. 4. According to the petitioners, their applications for admission were not considered and their names were not included in the select list illegally and against the Government order (Annexure-4 recognising their degree as equivalent to 10+2 as required under Annexures-1 and 2 to the writ application. 5. Admittedly the petitioners possess Madhyama Degree from Hindi sahitya Sammelan, Allahabad, a constituent unit of Hindi Vishwavidyalaya, allahabad. It is clear from Annexure-4 that the State Government extended recognition of the said Madhama degree awarded by the National Universities, including Hindi Vishwavidyalaya, Allahabad, as equivalent to B. A. Part I or Intermediate upto 31-12-1987 only. 6. Annexure-3 series show that the petitioner passed the said madhaya examination in the year 1987. 7. Petitioners counsel relied upon a Bench decision of this Court in c, W. J. C. No.7123 of 1992 and analogous cases Nilam Kumari and others v. The State of Bihar and others, decided on 21-1-1993, of which one of us (G. C. Bharuka, J.) was a member.
7. Petitioners counsel relied upon a Bench decision of this Court in c, W. J. C. No.7123 of 1992 and analogous cases Nilam Kumari and others v. The State of Bihar and others, decided on 21-1-1993, of which one of us (G. C. Bharuka, J.) was a member. The ratio of the decision in the said batch of cases is not applicable to the present case. Relying upon the decision of the Supreme Court in the case of Rajendra Prasad V/s. Karnataka university, AIR 1986 Supreme Court 1448, it was observed in the case of nilam Kumari and others (supra) that there was no justification for cancellation of the admission of the students at a point of time, when they almost had completed their courses of studies, whereas in the present case the prayer is for a direction to include the petitioners names in the select list to be re-prepared and admit them in the General Nursing and Midwifery course. 8. Since the degree of Madhyama awarded by the Hindi Vishwavidyalaya, allahabad, is not a recognised degree by the State of Bihar. after 31st December, 1987, in our opinion the petitioners having acquired such degree in the year 1988. are not entitled to any relief in this writ application, which is, accordingly, dismissed. Application dismissed.