Judgment A. K. MATHUR, J. ( 1 ) ALL these writ petitions involve common questions of law and facts, therefore, they are disposed of by this common order. ( 2 ) FOR the convenient disposal of these writ petitions, the facts given in the case of Vinod Kumar Bharti and another v. State of Rajasthan and others (S. B. Civil Writ Petition No. 3441 of 1993), are taken into consideration. ( 3 ) THE petitioners by this writ petition have prayed that the respondents may be directed to provide admission to the petitioners in General Nursing and Midwifery Course (called hereinafter as g. N. M. Course) on and from the date the candidates with lower percentage of marks were provided admission with all consequential benefits. ( 4 ) THE petitioners are possessing the qualification of Senior Higher Secondary (10 + 2) conducted by the Board of Secondary Education, Rajasthan, Ajmer. An advertisement dated 16-8-1991 was issued whereby the applications were invited for admission to Three Year Course in G. N. M. A number of seats for admission to the G. N. M. Course were provided for male and female candidates under various Principal Medical Officers. The petitioners in pursuance of the said advertisement applied for admission to the G. N. M. Course as they were possessing the requisite qualification in the format given in Schedule A. After scrutiny of the applications, merit lists were prepared on the basis of the percentage of marks and the same were issued on 8-6-1993 and 26-6-1993 by the Principal Medical Officer, Jalore. It is alleged that from the merit lists it would be clear that persons who have secured marks less than the petitioners in the optional subjects have been shown in the merit lists whereas the petitioners names have not been shown in the merit lists. It is alleged that in the merit lists the names of Om Prakash Chotia and Ganesha Ram have been mentioned even though they have secured 53% and 59% marks in the optional subjects, whereas the petitioners have secured 59. 33% marks in the optional subjects. But they were not admitted to the G. N. M. Course. It is alleged that on 21-10-1988 the Director, Medical and Health Services, Rajasthan, Jaipur issued an order that for preparing the merit lists percentage of the optional subjects will be taken for consideration. 33% marks in the optional subjects. But they were not admitted to the G. N. M. Course. It is alleged that on 21-10-1988 the Director, Medical and Health Services, Rajasthan, Jaipur issued an order that for preparing the merit lists percentage of the optional subjects will be taken for consideration. It is alleged that as per eligibility clause in the Schedule A and the order dated 21-10-1988 which has been placed on the record as Annex. P. 8, the marks of three optional papers in Senior Higher Secondary Examination (10 + 2) or 1st year T. D. C. viz. Biology, Chemistry and Physics are taken into consideration for preparation of the merit list for admission to the G. N. M. Course. Therefore, the petitioners have filed the present writ petition challenging the action of the respondents in admitting persons having lesser marks than the petitioners and ignoring the petitioners who have higher percentage of marks in the optional subjects. ( 5 ) A reply has been filed by the respondents and the respondents have taken a preliminary objections that the petitioners have intentionally based the writ petition on Annex. P. 8 which is not relevant for admission as the Circular is of 1-10-1985 which has been withdrawn long back and a new Circular dated 16-1-1991 has been issued by the State Government and the admission to the G. N. M. Course is governed by this Circular. A copy of this circular has been placed on the record as Annex. R. 1. The allegation that the persons having less marks than the petitioners have been admitted in the G. N. M. Course has been denied. A comperative chart has been given in which it has been shown that Om Prakash Chotia obtained 297 marks out of 500 marks and Ganesha Ram secured 295 marks out of 500 marks whereas the petitioner Vinod Kumar Bharti obtained 276 marks and Laxman Singh, petitioner obtained 272 marks out of 500 marks. It is also denied that for the purpose of drawing the merit list only the marks obtained in the optional subjects have to be taken into consideration. It is alleged that the total marks obtained in the qualifying examination have to be taken into consideration and the merit list has been prepared on that basis and in that the petitioners have secured marks less than the marks obtained by other candidates. It is alleged that the total marks obtained in the qualifying examination have to be taken into consideration and the merit list has been prepared on that basis and in that the petitioners have secured marks less than the marks obtained by other candidates. Therefore, the petitioners were not admitted to the G. N. M. Course. ( 6 ) THEREAFTER a rejoinder has also been filed by the petitioners and they have taken the position that there are 15 Training Centres and out of these 15 Centres in 11 Training Centres the candidates have been admitted on the basis of the merit list prepared on the basis of the marks obtained in three subjects at the qualifying examination i. e. Physics, Chemistry and Biology. Thus, it is alleged that this Centre i. e. Jalore has wrongly drawn the merit list by calculating the total marks obtained in the qualifying examination i. e. Senior Higher Secondary (10 + 2 ). It is also submitted that the expression. qualifying marks means the qualified in the required subjects and the required subjects in this course is Physics, Chemistry and Biology and the expression qualifying should be construed to mean in this context and the dictionary meaning of the word qualifying has been relied from Blacks Law Dictionary which reads as under:-TO make ones self fit or prepared to exercise a right, office, or franchiese; to take the steps necessary to prepare ones self for an office or appointment, as by taking oath, giving bond, etc. Also to limit, to modify, to restrict. Thus, it is said that one section of a statute, qualifies another. " ( 7 ) ON the basis of these averments a direction was given by this Court to the Deputy Government Advocate on 13-8-1993 to find out as to what exactly is the correct position, whether any admissions have been made by other centres on the basis of the marks obtained in the optional subjects from the Director, Medical and Health Services, Jaipur and make statement at the bar that whether at the 11 centres the total marks were taken into consideration for admission to the Nursing Course or the marks obtained by the candidates in Physics, Chemistry and Biology are taken into consideration. ( 8 ) MR. Jakhar, learned Dy. ( 8 ) MR. Jakhar, learned Dy. Government Advocate on instructions from, the Director, Medical and Health Services as- informed this Court that the Director, Medical and Health Services has no information whether in the I I centres the admissions were made on the basis of marks obtained in the qualifying examination or by taking into consideration the marks obtained in the three optional subjects. It is submitted that the instructions from the Director, Medical and Health Services are that the total marks obtained at the qualifying examination have to be taken into consideration for drawing the merit list. ( 9 ) NOW, the only limited question which is to be answered in this case is that for admission to the G. N. M. Course whether the marks obtained in the qualifying examination i. e. Senior Higher Secondary (10 + 2) have to be taken into consideration or the total marks obtained by the candidate in the optional subjects. ( 10 ) IN order to regulate the admission to this Course the Government has framed the rules known as General Nursing training Course, 1990 which have been framed under sub-see. (1) of S. 33 of the Rajasthan Nurses, Midwives, Health Visitors and A. N. M. Registration Act, 1964. According to this, the course is of 3 years duration for male and female. The admission has to be made once in a year. The male candidate should have attained the age of 17 years and must not have attained the age of 28 years and the female candidate must have attained the age of 17 years and should not have attained the age of 34 years on Ist October of the year of admission for the training. The qualification for admission to the course reads as under:-"qualification - (1) A candidate for admission to the Course shall possess 1st Year of the Three Years Degree Course under old scheme/ Senior Higher Secondary School Certificate under 10 + 2 scheme with Physics, Chemistry and Biology of a University established by law in India or of a recognised Board. Provided that if candidates possessing the above subjects are not available then candidates of other subject may be considered with combined merit list. (2) Working knowledge of Hindi written in Devnagri script and knowledge of Rajasthan culture. Provided that if candidates possessing the above subjects are not available then candidates of other subject may be considered with combined merit list. (2) Working knowledge of Hindi written in Devnagri script and knowledge of Rajasthan culture. Rule 8 of the Rules which provides admission reads as under :- admission :- i) Admission should be done on merit drawn amongst candidates applying for admission in the institute on the basis of percentage of marks obtained in the qualifying examination. ii) 16% seats shall be reserved for Scheduled castes, 12% for Scheduled Tribes and 10% for candidates from IRDP beneficiary families. iii) In case there is more than one candidates of the same percentage of marks in the qualifying examination preference for admission shall be given to the candidates who is older in age. iv) In case of female candidates, if found pregnant at the time of Medical Examination admission will not be given. v) The trainee once admitted in the Institute in a district shall not be transferred to another Institute and he will have to complete his training in the Institute where he was originally admitted. ( 11 ) THE rules further deal with other contingencies with which we are not concerned in this writ petition. Therefore, I need not refer to them. ( 12 ) MR. Choudhary, learned counsel for the petitioners submitted that the qualifications appeared in Rules 5 and 8 should be read in the context with the course and submitted that since the Nursing Course has more to do with the Science subject, therefore, the merit should have been prepared on the basis of the marks obtained in the three optional subjects, namely; Physics, Chemistry and Biology and the marks obtained by the candidates in other compulsory subjects, namely, Hindi and English should not be counted for drawing the merit list. In this connection, he has also invited my attention to Annex. P. 1 dated 16-8-1991 the notification issued by the Directorate, Medical and Health therein also the names of the 15 centres have been mentioned and the seats for male and female candidates have been shown. In this notification it is mentioned that the candidates who have passed Ist year T. D. C. or 10 + 2 in Physics, Chemistry and Biology are eligible. In this notification it is mentioned that the candidates who have passed Ist year T. D. C. or 10 + 2 in Physics, Chemistry and Biology are eligible. The stress of the learned counsel for the petitioner is that only the marks obtained in the optional subjects should have been taken into consideration and none else. ( 13 ) AS against this, Mr. Jakhar, learned Dy. Govt. Advocate appearing for the State has submitted that the word qualifying examination means a person who has obtained the total marks in the qualifying examination either in 1st year T. D. C. or 10 + 2 with Physics, Chemistry and Biology has been made eligible and simply because the names of the compulsory subjects have not been shown the marks obtained in those papers cannot. be ignored. It is alleged that the candidate has to go in the rural areas and they must have knowledge of Hindi also. Though it is mentioned that the candidates are required to have knowledge of Hindi but that does not mean that the marks obtained by the candidates in English and Hindi should be totally ignored. ( 14 ) I have considered. the rival submissions urged by the learned counsel for the parties. The expression qualifying marks here means the marks obtained at the qualifying examination and the examination is either Ist year T. D. C. or 10 + 2. It is not confined only to the three optional subjects. The idea is that only the candidates who have had the aforesaid 3 optional subjects in the 10 + 2 or I st year T. D. C. under the old scheme are only entitled to apply. By this to infer that the marks obtained in these three optional subjects have to be taken into consideration shall not be the correct approach or correct reading of the expression qualifying examination. If the authorities wanted not to consider the marks obtained by the candidate in the compulsory subjects then it would have been open for them to do so. It is the department who is the best judge and the Director of Medical and Health Services has not clarified whether the marks obtained by the candidates in the three optional subjects are to be considered or total marks are to be considered. It is the department who is the best judge and the Director of Medical and Health Services has not clarified whether the marks obtained by the candidates in the three optional subjects are to be considered or total marks are to be considered. Therefore, we have to read the expression qualifying examination as it is and without adding or subtracting, anything. If we read that the total marks obtained by the candidate in the Ist year T. D. C. or senior Higher Secondary 10 + 2 have to be taken into consideration. This Court cannot qualify the word qualification and read it down to Physics, Chemistry and Biology. It is only the person who has passed the qualifying exmaination with these three optional subjects is entitled to apply and in alternative in case sufficient number of candidates are not there then persons from other discipline are entitled for consideration. Therefore, it simply boils down to this that the total marks obtained in the qualifying examination i. e. 10 + 2 or Ist year T. D. C. have to be taken into consideration and the merit list has to be prepared on the basis of those total marks obtained by the candidate and to say that the merit list prepared on the basis of the marks obtained in these three optional subjects, namely, Physics, Chemistry and Biology is not correct reading of the expression qualifying examination. The meaning of the qualifying as quoted from Blacks Law Dictionary only makes it clear that it is only an initial step for granting admission to the course and, therefore, the initial step is that the candidate must have academic qualification and whether the marks obtained in the Science subjects are to be counted is nowhere provided and in the absence of this one has to read the total marks obtained by the candidate in all the subjects of these two examinations. ( 15 ) MR. Choudhary has invited my attention to an earlier circular of 1988 i. e. Annex. P. 8 dated 1-10-1988. In that it was mentioned that the merit list shall be prepared on the basis of the marks obtained in the optional subjects. But this circular is of no avail because now the Rules of 1990 have been promulgated. Therefore, the admissions have to be made on the basis of these statutory rules and the earlier circular is of no consequence. But this circular is of no avail because now the Rules of 1990 have been promulgated. Therefore, the admissions have to be made on the basis of these statutory rules and the earlier circular is of no consequence. ( 16 ) MR. Jakhar has also invited my attention to still earlier circular dated 5-8-1983 and in which it has been mentioned that the merit list shall be prepared on the basis of the percentage of marks obtained by the candidates in the first year T. D. C. examination of both compulsory as well as optional subjects. ( 17 ) THESE circulars have hardly any relevance to the controversy in issue when the statutory rules have been framed and they will prevail and not these circulars issued by the Director, Medical and Health from time to time. ( 18 ) THEREFORE, as a result of this discussion, I hold that the candidates should be admitted on the basis of the percentage of marks obtained by them in the qualifying examination viz. Ist year T. D. C. or Senior Higher Secondary (10 + 2) and not only on the basis of the marks obtained by them in the three optional subjects, namely, Physics, Chemistry and Biology but compulsory subjects also i. e. English and Hindi. However, this will not prevent the Director, Medical and Health Services to issue clarification if they so choose in future. But, so far as the admission granted by this centre on the basis of the total marks obtained in the qualifying examination including English and Hindi, cannot be said to be wrong. ( 19 ) HENCE, there is no merit in this writ petition and the other writ petitions mentioned in Schedule A and the same are dismissed. ( 20 ) IN the next batch of writ petitions mentioned in Schedule B apart from the above question one more question has been raised that some of the candidates have passed Intermediate Examination from the Madhyamik Shiksha Parishad, Uttar Pradesh were not admitted on the ground that the aforesaid examination has not been recognised. So far as obtaining of a certificate of Intermediate from the Madhyamik Shiksha Parishad, Uttar Pradesh is concerned, the authorities have wrongly held that this examination is not recognised. So far as obtaining of a certificate of Intermediate from the Madhyamik Shiksha Parishad, Uttar Pradesh is concerned, the authorities have wrongly held that this examination is not recognised. Learned Counsel for the petitioners has produced before me a list of degrees recognised by the Board of Secondary Education, Rajasthan and in that the Intermediate examination of the Madhyamik Shiksha Parishad, Allahabad (Uttar Pradesh) has been recognised. ( 21 ) MOREOVER, according to R. 5 of the Rules of 1990 a candidate who obtained a degree from an University established by law or recognised Board is eligible for admission. The Board of Secondary Education, Rajasthan has recognised the Intermediate examination of the Uttar Pradesh Education Board. Therefore, to say that the candidates who have obtained the degree/ certificate of the Uttar Pradesh Board are not eligible is not correct and these candidates, who have obtained the degree/ certificate of the Uttar Pradesh Board are also eligible as the same is recognised by the Board of Secondary Education, Rajasthan. Therefore, these candidates are eligible and their candidature should also be considered and if they come in the merit then they should also be admitted to the G. N. M. Course. ( 22 ) THE next question involved in the other batch of writ petitions mentioned in Schedule C is whether the candidates who have passed the qualifying examination with Agriculture as an additional subject are entitled to admission to the G. N. M. Course or not. This question came up for consideration before this Court and the same has been answered in extenso while disposing of a batch of writ petitions in the case of Ashok Kumar Jangid v. State of Rajasthan (S. B. Civil Writ Petn. No. 397 of 1990, decided on 5-11-1990), it was clearly observed that admissions cannot be denied to the candidates in the general nursing course merely because they have agriculture as one of the subjects in addition to Physics, Chemistry and Biology. Therefore, the candidates who possess Agriculture as one of the subjects in addition to the three aforesaid optional subjects are also eligible and their candidature should also be considered for admission to the G. N. M. Course on the basis of their merit and if they are found meritorious then they will also be admitted to the course. Therefore, the candidates who possess Agriculture as one of the subjects in addition to the three aforesaid optional subjects are also eligible and their candidature should also be considered for admission to the G. N. M. Course on the basis of their merit and if they are found meritorious then they will also be admitted to the course. ( 23 ) AS a result of this discussion, the writ petitions mentioned in Schedule A are dismissed and the writ petitions mentioned in Schedules B and C are allowed. The parties are left to bear their own costs. Order accordingly.