ORDER : NUPUR BHATI, J. 1. Although the matter was heard finally yesterday i.e. 21.03.2024 and the order was dictated in the open Court. For clarification of certain facts, the matter was ordered to be listed in ‘to be mentioned’ category. 2. Heard learned counsel for the parties. 3. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India claiming following reliefs:- “A/By an appropriate writ order or direction, the order dated 14/07/2021 (Annexure-11) whereby degree/certificates/mark sheets of the petitioner for B.Sc. Nurshing were cancelled and petitioner is being compelled to appear in the examination again, May kindly be quashed and set aside. B/By an appropriate writ order or direction, the respondents may kindly be directed to restore the position of the certificates/mark sheets/degree of the petitioner and same may be returned to the petitioner without any further delay. C/By an appropriate writ order or direction, in alternate, the respondents may kindly be directed to provide 4 more chance/attempts to the petitioner to clear due subjects of the B.Sc. Nursing Part-I which is scheduled from April 2023 to April 2024. D/By an appropriate writ order or direction, the respondents may kindly be directed to allow the petitioner in the scheduled examination which is being started from 19/04/2023 for clearing due subjects of the B.Sc. Nursing Part-I and accept the examination form before this.” 4. Brief facts of the case are that in the year 2010, the petitioner took admission in the B.Sc. Nursing Course in respondent-University. The petitioner attempted the B.Sc. Nursing Part-I Examination in November, 2011 and was declared ‘Pass’, as she obtained total 487 marks. 5. The petitioner thereafter, appeared in the B.sc. Nursing Part-II Examination in February, 2013 and was declared ‘Fail’ in the subject Sociology. The petitioner appeared in second attempt and passed the B.Sc. Nursing Part-II examination for which, revised mark-sheet was also issued in her favour on 17.07.2020 (Annexure-2). 6. The petitioner appeared in B.Sc. Nursing Part-III examination which was conducted in February 2014 and was declared ‘Fail’ in the subject Mental Health Nursing. The petitioner appeared in the second attempt and passed the B.Sc. Nursing Part-III examination and the respondents issued revised mark-sheet in her favour on 17.07.2020 (Annexure-3). 7. Thereafter, the petitioner appeared in B.Sc. 6. The petitioner appeared in B.Sc. Nursing Part-III examination which was conducted in February 2014 and was declared ‘Fail’ in the subject Mental Health Nursing. The petitioner appeared in the second attempt and passed the B.Sc. Nursing Part-III examination and the respondents issued revised mark-sheet in her favour on 17.07.2020 (Annexure-3). 7. Thereafter, the petitioner appeared in B.Sc. Nursing Part-IV examination which was conducted in Feburary, 2015 and she was declared ‘Fail’ in two subjects i.e. Nursing Research & Statistics and Management of Nursing Service & Education. The petitioner appeared in the second attempt, however, she was again declared ‘Fail’ in one subject i.e. Management of Nursing Service and Education. The petitioner took third attempt and passed the B.Sc. Nursing Part-IV examination for which revised mark-sheet were also issued in her favour on 17.07.2020 (Annexure-4). 8. Upon successful completion of the said course, the petitioner was accordingly issued provisional certificate dated 18.10.2016 (Annexure-5), while declaring her ‘Pass’ in the B.Sc. Nursing Part-IV examination. The respondent-University also issued degree of B.Sc. on 25.06.2019 (Annexure-6) and based on such mark-sheets, the petitioner was registered as Nurse and Midwife by way of registration certificate dated 17.10.2016 (Annexure-7), issued by Rajasthan Nursing Council (RNC), which was declared valid upto 31.12.2020. 9. Thereafter, the respondent No.3 issued Course Completion Certificate as well as Relieving Letter in favour of the petitioner on 13.07.2020 (Annexure-8). The petitioner submitted an application before the respondent-University for the purpose of correction in her name as well as in the name of her mother in the mark-sheet of Part-III and Part-IV of the course. The respondent No.3 College issued a notice dated 27.02.2021 (Annexure-10) to the petitioner while directing her to appear before the enquiry committee on 02.03.2021. The petitioner appeared before the said committee on the date mentioned in the notice. The respondent University issued a letter/order dated 14.07.2021 (Annexure-11) to the respondent-College while stating that some of the students had failed in Part-I of the course and the next year application form of such students were wrongly forwarded and therefore, the respondent-University had decided to cancel their certificates in which, name of the petitioner was also present. It was also stated in the said communication that all these students would be permitted to appear in Part-I examination, which is likely to be held in the year 2022. 10. It was also stated in the said communication that all these students would be permitted to appear in Part-I examination, which is likely to be held in the year 2022. 10. The respondent-College had taken all the original mark-sheets as well as degrees and certificates from the petitioner and she was directed to appear in the examination for the four subjects that were due for the examination which was likely to be held in the year 2022. The petitioner had no option but to appear again in the B.Sc. Nursing Part-I examination which was held in the month of April, 2022 thereby taking third attempt of the said examination. The petitioner was declared ‘Fail’ in the said examination for which, a mark-sheet was also issued in her favour which is placed on record as Annexure-12. 11. The petitioner again appeared in the fourth attempt of B.Sc. Nursing Part-I (Main) examination in November, 2022 and she was again declared ‘Fail’. The mark-sheet in this regard is placed on record as Annexure-13. The petitioner approached the respondents while submitting that the respondents may give her further more chances to attempt examination as given to the similarly situated candidate for which, the mark-sheet of similarly situated candidate is placed on record as Annexure-14 but to no avail. Thus, being aggrieved of the abovementioned circumstances, the petitioner preferred the present writ petition. 12. Learned counsel representing the petitioner submits that the petitioner had passed B.Sc. Nursing Course way back in the year 2016. He further submits that based on such mark-sheet, the petitioner has been issued provisional certificate as well as degree by the respondents and she was also duly registered with the Rajasthan Nursing Council (RNC) on 17.10.2016. He further submits that it was only when the petitioner submitted application for correction in her name as well as in name of her mother, the respondents have issued communication while stating that the petitioner had failed in first year examination for which, her form was wrongly forwarded. He also submits that the petitioner has not committed any fraud or misrepresentation with the respondents and after evaluating her performance in first year, second year, third year and fourth year examination, the petitioner was duly declared ‘Pass’ and accordingly, she was also given degree and was registered with the respondent-RNC. He also submits that the petitioner has not committed any fraud or misrepresentation with the respondents and after evaluating her performance in first year, second year, third year and fourth year examination, the petitioner was duly declared ‘Pass’ and accordingly, she was also given degree and was registered with the respondent-RNC. Learned counsel for the petitioner also submits that the petitioner cannot be made to suffer upon the mistake committed by the respondents, if any. 13. Learned counsel for the petitioner also submits that the similarly situated candidate namely Sanjay Kumar, whose name was also present in the said communication dated 14.07.2021 (Annexure-11) alongwith name of the petitioner, had been given more attempts than the petitioner for which, the mark-sheet is placed on record as Annexure-14, reflecting number of attempts as VII, whereas the petitioner has been given only two attempts to clear the subjects in which she has been declared fail. 14. Per contra, learned counsel representing the respondents, submits that in the minutes of meeting of the Examination Committee held on 22.06.2021 (Annexure-R/1) a detailed investigation was conducted and it was found that the petitioner had submitted a forged mark-sheet in which it has been mentioned that she has passed the examination of first year whereas, as per the record of the University, she failed in four subjects of first year namely; (1) General Hindi, (2) Nutrition and Biochemistry, (3) Nursing Foundations and (4) Microbiology. He further submits that upon receiving the application of the petitioner seeking correction in her name as well as in the name of her mother, the mark-sheet submitted by the petitioner and the mark-sheet available with the respondents was tallied and it was found that as per the record lying with the university, the petitioner had failed in four subjects namely; (1) General Hindi, (2) Nutrition and Biochemistry, (3) Nursing Foundations and (4) Microbiology. 15. Learned counsel for the respondents also submits that the mistake of forwarding name of the petitioner in her form came to the notice of the respondent-University when she sought correction in her name as well as in name of her mother and accordingly, by way of letter/order dated 14.07.2021 (Annexure-11), the same information was given to the respondent-College as well as the petitioner. He also submits that the petitioner has thereafter being given two attempts to clear the said subjects, however, she could not clear the same and, therefore, no arbitrariness can be said on the part of the respondents. 16. Learned counsel for the respondents also submits that in the meeting of the Academic Council held on 17.06.2013 (Annexure-R/3), it was held that Ordinance 299-V-10 was amended and ceiling of number of attempts was finished from Session 2011-12 but the candidate was required to complete B.Sc. Nursing Course in 8 years from the date of registration and after this, she/he would be removed from the course. He also submits that the petitioner took admission in the year 2010 and thus, as per the amended provision of Ordinance 299-V-10, she was required to complete B.Sc. Nursing Course in 8 years i.e. in the year 2018 from the date of the admission and thus, the petitioner cannot be given further attempts to clear the papers in which, she had failed as the year 2018 has passed away and she cannot be permitted to take further attempts for passing the papers in which she had failed. Learned counsel for the respondent also submits that the petitioner without raising any objection to the communication dated 14.07.2021 (Annex.11) has availed two attempts and now the petitioner cannot take a stand that the decision of respondents declaring her fail in four subjects of first year based on discrepancy in the mark sheet is bad. 17. Learned counsel for the respondents also submits that the respondent-University had issued a notification dated 28.10.2017, in which, it was reiterated that a candidate can avail any number of attempts for each paper with a condition that maximum period for passing B.Sc. Nursing course is not more than 8 years. 18. Learned counsel for the respondents, in support of his contentions, places reliance upon the order dated 11.11.2022 passed by the Hon’ble Division Bench at Jaipur in a bunch of special appeals led by DBSAW No.1188/2022 : Yogendra Vs. Rajasthan University of Health Sciences and Ors.. I have given my thoughtful consideration to the submissions advanced at Bar and have perused the material available on record. 19. The petitioner had appeared in the 4th year examination for which, result was declared on 22.06.2016 and the petitioner was declared ‘Pass’. It is undisputed that the petitioner was issued a provisional degree for B.Sc. I have given my thoughtful consideration to the submissions advanced at Bar and have perused the material available on record. 19. The petitioner had appeared in the 4th year examination for which, result was declared on 22.06.2016 and the petitioner was declared ‘Pass’. It is undisputed that the petitioner was issued a provisional degree for B.Sc. Nursing Part-IV Examination on 18.10.2016 (Annexure-5). The petitioner was also awarded the degree of Bachelor of Science by the respondent-University on 25.06.2019 (Annexure-6). The petitioner was duly registered with the Rajasthan Nursing Council (RNC) as Nurse and Midwife for which, registration certificate was duly issued in her favour on 17.10.2016 (Annexure-7) which had a validity period upto 31.12.2020. 20. It is seen that the petitioner submitted an application seeking correction in her name and mother’s name, upon which the respondent No.3 vide its forwarding letter dated 13.07.2020 (Annexure-9) wrote to the Controller of the Examination of the respondent University for correcting the names of the petitioner as well as her mother in the original mark-sheet of B.Sc. Nursing Part-III and IV Examination after a period of four years from the date of result and further no reason has been assigned for such delay. The respondents issued a communication while stating therein that as per the record of the University, the petitioner had failed in four subjects of first year examination and thus, she has wrongly been permitted to appear in the subsequent examinations i.e. Second, Third and Fourth year examinations respectively. It is also seen from the documents placed on record that the revised mark sheets with requisite corrections were issued to the petitioner. Though, the action of the respondents is shocking, as the petitioner has been issued all the mark-sheets i.e. First, Second, Third and Fourth year after she was declared ‘Pass’ by the respondent University itself, however, the petitioner without raising any objection availed two attempts in which she was declared fail. However, it is seen that if at all there was any discrepancy in the mark-sheets submitted by the petitioner and the record of the respondents, and if the respondents would have pointed out the same way back in the year 2016 itself, then, the petitioner could have availed appropriate chances or attempts for two good years i.e. 2017 and 2018 respectively. 21. As per the Ordinance 299-V-10, a candidate is required to complete B.Sc. 21. As per the Ordinance 299-V-10, a candidate is required to complete B.Sc. Nursing Course within a period of 8 years from the date of taking admission in the said course and in the case at hand, the petitioner had taken admission in the B.Sc. Nursing course in the year 2010 and she was required to complete the same in the year 2018, however, upon fault and inaction of the respondents, the petitioner is now said to have failed in four subjects of the first year examination. 22. The action of the respondents is arbitrary and unjust, as after a delay of about four years, the respondent-University woke up and made an enquiry and came to a conclusion that the petitioner has been found to have not cleared four subjects of the said examination. 23. It is also seen from a perusal of the document placed on record as Annexure-R/1, in which the minutes of the Examination Committee held on 22.06.2021 wherein, a detailed deliberation has been made and it has been resolved that for a period of three years, no theory examination shall be conducted in erring colleges in which name of the respondent college is also present from where the petitioner has passed her course. 24. Although, the action of the respondents is shockingly arbitrary, as after a delay of about more than four years, the respondents have passed the order impugned dated 14.07.2021 (Annex.11), however, taking into consideration the fact that profession of the petitioner encompasses not only compassion and care to the humanity, but also requires medical expertise, the Court has restrained itself from taking a lenient view in the case, as the petitioner would be dealing with human lives and looking to the sensitive nature of the duties, the petitioner is required to clear the papers of first year examination, in which she has been declared as fail by the respondents. It is also important to note here that the petitioner without raising any objection or dispute to the impugned order dated 14.07.2021 (Annex.11) availed two attempts given by the respondents and as she was declared fail in said two attempts; thereafter the petitioner has preferred the present writ petition being aggrieved of the action of the respondents in not giving her more attempt to clear the respective papers. 25. As an upshot of the above discussion made herein above, the writ petition is allowed. 25. As an upshot of the above discussion made herein above, the writ petition is allowed. The respondents are directed to permit the petitioner to appear in the papers of first year, in which she has been declared ‘fail’. The petitioner has already availed two attempts after the respondents passed the impugned order dated 14.07.2021 (Annex.11). As the petitioner is required to complete the course in eight years in accordance with the Ordinance 299-V-10, thus, it would be appropriate to direct the respondents to permit the petitioner to undertake the examination, which are held in the Academic Session 2024-25 irrespective of the number of attempts in that academic session. If the petitioner is able to pass the examination, in that case, the respondents are directed to issue fresh mark sheet, certificate and degree in her favour while declaring her as pass in all the examination. The respondent Rajasthan Nursing Council is directed to thereafter register the petitioner at the earliest. Stay petition as well as all other pending applications, if any, also stand disposed of.