JUDGMENT
S.N. Bhargava, J.
1. As per the facts mentioned in the memo of writ petition, the petitioner having born in Rajasthan, is a resident of Rajasthan. The Sub Divisional Magistrate, Rajgarh, District Alwar, has also issued a residence certificate in this regard on 1-10-1986.
2. In response to an advertisement issued on 30-9-1988, the petitioner submitted his application to the Chief Medical and Health Officer for admission to the Three Years Course in Nursing Training. His name did not find place in the list of selected candidates. On enquiry, he found that several persons who had been admitted to the course, had secured less percentage of marks as compared to the petitioner and therefore, the petitioner filed the present writ petition in this Court on 27-6-1989. Notices were issued on 28-6-1989 to show cause as to why the writ petition be not admitted.
3. On the stay application this court ordered that meanwhile, if anybody with less than 69% marks, which were received by the petitioner, has been admitted in Three Years Nursing Course in Bharatpur, the petitioner shall be admitted provisionally in the nursing course.
4. A reply has been filed on behalf of the respondents on 3-8-1989. However, this case could not be heard expeditiously.
5. Another application was moved on which this Court on 8-10-1990 ordered that since the petitioner has completed studies for the entire academic years, he may be permitted to appear in the examinations scheduled to take place on 9th and 10th October, 1991. However, the result of the examination of the petitioner will be subject to the order of this Court. In the reply, it has been submitted by the respondents that in the advertisement, it was mentioned that preference will be given to the candidates who are bonafide residents of Rajasthan. Since the petitioner did not submit the requisite certificate along with the application form, his application was defective and as such, was rightly rejected. But now since the petitioner has produced the certificate issued by the S.D.M. Rajgarh showing that he is a bonafide resident of Rajasthan and since the petitioner was given provisional admission and has also appeared in the examination, this writ petition deserve to be allowed.
6. In the result, this writ petition is allowed. The result of the petitioner for the course of Nursing (Male) Training should be declared and he should be allowed to prosecute his further studies in accordance with law. No order as to costs.