JUDGMENT
Rajesh Balia, J.
1. Heard learned Counsel for the parties.
2. Learned Counsel for the parties state that the case is squarely covered by a decision of this Court in favour of the petitioner, in Brijesh Kumar v. State of Rajasthan and anr. (S.B. Civil Writ Petition No. 1235/90, decided on 6.8.1992), wherein the Court upheld the contention of the petitioner and allowed the petition in view of decision in Dharam Singh and Ors. v. State of Rajasthan and anr. (S.B. Civil Writ Petition No. 405/91, decided on 4.10.1991), wherein the Court allowed the writ petition filed by the petitioner in that petition, in the following terms:
…Admittedly, all the petitioners have passed Intermediate Science in Agriculture and their name came in the merit list. The objection of the respondents Is that they did not have Physics, Chemistry and Biology as their optional subjects. The said condition did not rquire that those subjects would have been offered as optional subjects. The certificate Annexure 8 issued by the Regional Secretary of the U.P. Board of High School and Intermediate Examination shows that the petitioners had Agricultural Botany, Agricultural zoology, Agricultural Physics and Climatology and Agricultural Chemistry, as their papers in the Intermediate Science (Agriculture) Examination. In para No. 17 of the reply to the writ petition it is admitted that the petitioners have studied Physics, Chemistry and Biology in the Intermediate. In para No. 28 of the writ petition it has been averred that female candidates with Arts subjects have been granted admission. In the previous petition filed by the petitioners, this objection was not raised and mark-sheet Annx. 16 of Kumari Sushma Das filed. These facts have not been denied in the reply by the respondents. Thus the writ petition deserves to be allowed.
Consequently, the writ petition Is allowed. The order dated January 14, 1991 of the Chief Medical and health Officer, Banner (respondent No. 2) is quashed. The respondents are directed to permit the petitioner to prosecute their studies in the General Nursing, Course at Barmer Centre or at any other Centre and to allow them to appear in the General Nursing Course Examination.
3. Accordingly, the petition is allowed. The respondents are directed to consider the case of the petitioner for admission to the General Nursing & Training Course, by treating him eligible and admit him to that course, provided the finds place in order of merit amongst the candidates already admitted, within a period of one week.
4. There will be no order as to costs.