ORDER : 1. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clause is being taken from the case being S.B. Civil Writ Petition No.5423/2022. “(a) The record of the case may kindly called for. (b) The respondent authorities may be directed to register the petitioners for undertaking GNM Course and allow them to appear in the examination; (c) The respondent association/federation may further be directed to forward the name of the petitioners for undertaking GNM Course with the authority of law; (d) The respondent authorities may be directed to recognize Bihar School Examination Board (BSEB) Patna, Bihar for undertaking higher education courses in the State of Rajasthan” 2. On being directed, Dr. Mohit Singhvi, learned counsel for RUHS and Mr. Naresh Singh associate to Mr. Rakesh Arora for Rajasthan Board appeared and assisted this Court. 3. The petitioners are those students, who qualified their Secondary and Senior Secondary from the Bihar School Examination Board (BSEB) Patna, Bihar, in pursuance of which, they were eligible to pursue General Nursing and Midwifery (GNM) Course in Rajasthan. 4. It is an admitted fact that the Bihar School Examination Board was established by Bihar School Examination Board Act, 1952 by the State Government of Bihar. 5. It is also an admitted fact that the Bihar School Examination Board is formed and controlled by the Government of Bihar. It is also not in dispute that the 10th Board of Bihar School Examination Board has full validity in Rajasthan. 6. The bone of contention in the present matter arose out of the fact that the petitioners were denied continuance in GNM Course first year even when they were meritorious and otherwise qualified on count of the 12th Board not being declared equivalent by the Rajasthan Board. 7. Mr. Naresh Singh associate to Mr. Rakesh Arora, learned counsel for the Rajasthan Board appears and submitted that the equivalence is recognized only when sought for and since it was sought only for 10th, therefore, it was in existence, whereas for 12th it was not sought for, however, once it was sought, it has been granted in 2022, thus, the 12th Board of Bihar School Examination has been granted equivalence upon being sought in 2022. 8. 8. Upon being denied continuance, the petitioners-students approached this Court, upon which, the following interim order was passed by this Court. The petitioners continued in the Course and have appeared in the first year examination by virtue of the interim order, but the result is yet to be declared. "Counsel for the petitioner has drawn attention of Court towards order dated 25.3.2021 passed by Jaipur Bench of this Court in Ruby Kumari & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4168/2021), which reads as follows : “Learned counsel for the petitioners submitted that the petitioners have taken admission in General Nursing & Midwifery Course in Academic Session 2019-2020 after satisfying the Authorities about qualification (Senior Secondary Examination) of the petitioners obtained from Bihar School Examination Board Patna, Bihar. Learned counsel submitted that the petitioners have attended the classes regularly for the Academic Session 2019-2020 and now they have not been permitted to write their examination which is scheduled from 01.04.2021 as per announcement made by the Rajasthan Nursing Council, Jaipur. Learned counsel further submitted that the qualification granted by Bihar School Examination Board is in the list of recognized Boards as approved by University of Rajasthan. Learned counsel submitted that the petitioners are deprived to write their examination on a wrong premise and in spite of fulfilling all the requisite conditions, the respondents are not permitting the petitioners to appear in the examination. Issue notice of the writ petition as well as stay application, returnable on 08.04.2021. Notices be given ‘dasti’ if prayed. In the meanwhile, the respondents are directed to allow the petitioners to appear in GNM 1st Year Examination to be held from 01.04.2021 onwards. The appearance of the petitioners would be on the provisional basis in the examination and no equity would be claimed by them. The result of the petitioners would not be declared without prior permission of the Court.” Issue notice to the respondents. Issue notice of stay application also. In the meanwhile, the respondents are directed to allow the petitioners to appear in GNM 1st Year forthcoming examination. The appearance of petitioners would be on the provisional basis in the examination and no equity would be claimed by them. The result of the petitioners would not be declared without prior permission of the Court." 9. In the meanwhile, the respondents are directed to allow the petitioners to appear in GNM 1st Year forthcoming examination. The appearance of petitioners would be on the provisional basis in the examination and no equity would be claimed by them. The result of the petitioners would not be declared without prior permission of the Court." 9. The limited objection of learned counsel for the respondents is that the petitioners, who are otherwise meritorious and eligible are not entitled for the GNM Course, because the Class 12th examination is conducted by Bihar School Examination Board, Patna, whereas such examination is not given equivalence by Rajasthan Board. 10. Learned counsel for the respondents submits that it was a pre-requisite for the candidates to join the GNM Course, who have completed their 12th from the recognized/equivalent Board. 11. The main objection being contended is derived from Annexure-R-3/1, the relevant part of which reproduced as follows:- ^^1- vH;FkhZ }kjk ek/;fed f'k{kk cksMZ] vtesj ¼jkt-½ ds vykok fdlh vU; cksMZ ls lhfu;j lSds.Mjh mRrh.kZ gS rks mldh ekU;rk ds lac/k esa ek/;fed f'k{kk cksMZ] vtesj }kjk tkjh vuqnsf'kdk dh lwph esa cksMZ dh ekU;rk gksus ij gh budh led{krk lSd.Mjh@lhfu;j lSds.Mjh dh ewy vadrkfydk dh tkap dh tkosA vH;FkhZ ds 'kS{kf.kd ;ksX;rk izek.k i=ksa ds lR;kiu dh leLr ftEesnkjh laLFkk iz/kku dh gksxh] vH;FkhZ }kjk mifLFkfr ds le; izLrqr fd;s x;s izek.k i= Hkfo"; esa v;ksX; ik;s tkrs gS rks laLFkk iz/kku dh ftEesnkjh gksxh ,oa bl lac/k esa nks"kh ik;s x;s vf/kdkjh@deZpkjh ds fo:) lhlh, fu;eksa ds vUrxZr dk;Zokgh vey esa yk;h tkosxhA** 12. It is also an admitted position that the Equivalence Committee did not consider the equivalence to Bihar School Examination Board until 2022 as it was not sought for. 13. On being specifically asked, counsel for the Board submits that though there was nothing against the 12th examination of Bihar School Examination Board, Patna, but the equivalence was not granted prior to 2022 because the same was not sought. 14. Learned counsel for the petitioners submits that since the credibility and origin of the Bihar School Examination Board, Patna formed out of the Legislative Act of Bihar School Examination Board Act, 1952 is not in dispute, therefore, the condition mentioned in the advertisement cannot be used for debarring the present petitioners. 15. 14. Learned counsel for the petitioners submits that since the credibility and origin of the Bihar School Examination Board, Patna formed out of the Legislative Act of Bihar School Examination Board Act, 1952 is not in dispute, therefore, the condition mentioned in the advertisement cannot be used for debarring the present petitioners. 15. Learned counsel for the petitioners further submits that Article 14 requires equality before law and it is envisaged that the State shall not deny any person’s equality before law or equal protection of the laws within the territory of India, and thus, Bihar being in the territory of India and the competent legislature having formed the Bihar School Examination Board Act, 1952 and nothing against the Board is either projected or is on record, therefore, the qualification of 12th Board, which is otherwise universal in nature has to be accepted as a correct qualification. 16. Learned counsel for the petitioners also submits that if there is any lacunae in giving equivalence, due to the lack of coordination between the two State Boards i.e. the State Board of Bihar and Board of Rajasthan, the same cannot be allowed to prejudice the students. 17. In the understanding of this Court, in case the interstate recognition of the qualifications provided by the Board or any other qualification which is directly imparted by the State or its organs, it shall be imperative upon the respective States to honour each other's commitment to the education unless some specific reason for adverse decision is there. The eligibility and merit of the petitioners to undertake the course of GNM is otherwise not under dispute. 18. This Court observes that the Constitution of India, under Article 15(1) contained in Part-III pertaining to the fundamental rights, enshrines that the State shall not discriminate on the ground of place of birth, and thus, merely because a person born at a particular place and appeared in the exam conducted by the State Board thereat, he ought not to be denied such benefits. 19. This Court finds that it is a fit case for grant of indulgence due to following undisputed facts : (a) The petitioners have obtained qualification form Bihar School Examination Board. (b) The Bihar School Examination Board was formed by Bihar School Examination Board Act 1952 by the State Government. (c) The Rajasthan Board has given equivalence to such Board for 10th Examination since year 1994. (b) The Bihar School Examination Board was formed by Bihar School Examination Board Act 1952 by the State Government. (c) The Rajasthan Board has given equivalence to such Board for 10th Examination since year 1994. (d) The 12th Board has been given equivalence/recognition by the Rajasthan State Board in 2022. (e) The petitioners have undergone the course of GNM to the extent of one year by virtue of the interim order granted by this Court. (f) The respondents are not in a position to discard the statutory existence of Bihar School Examination Board. (g) The Bihar School Examination Board does not suffer from any other infirmity which has ever been pointed out regarding his disbursement of respective certificates on completion of the education at the level of 10th and 12th. 20. On conjoint consideration of the aforesaid facts read with Article 14 and 15 of the Constitution of India, this Court does not finds any reason, why the petitioners should be ousted from the course in question. A technicality which might have arisen due to the lack of coordination between the two statutory Boards cannot become a ground for denial and deprival of the citizen of India, who has been guaranteed equal rights including fundamental rights in the whole country and such rights cannot be bifurcated and segregated by the State Boundaries in essential aspect of school education. 21. Thus, the fundamental right to education cannot be questioned in this manner, unless there are authoritative reasons for doing the same, this Court has already recorded the reasons and undisputed facts as to understand as to why the qualifications have to be accepted and the benefits have to be granted to such candidates. 22. In view of the above, the writ petitions are accordingly allowed, the respondents are directed to consider the 12th passing certificate given by the Bihar School Examination Board, Patna as validated by the Rajasthan State Board in 2022, for all purposes of lawfully undergoing the course of GNM. The petitioners shall be granted appropriate lawful degree on completion of their GNM course, strictly in accordance with law. The declaration of result and pursuance of rest of the GNM course shall be a part of aforesaid order. 23. All pending applications also stand disposed of.