JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The issue involved in the present petition stands finally adjudicated by this Court in bunch of writ petitions with lead case of Fauran Singh vs. Rajasthan University of Health Sciences & Anr. : S.B. Civil Writ Petition No. 10298/2019 decided on 31.07.2020 wherein issue regarding the number of attempts which may be allowed to a candidate for appearing in the exam was considered by this Court and it was decided as under:-

7. For adjudication of the issue, it would be appropriate to consider the University Ordinance, which governs the examinations. The relevant Ordinance 299-V-4 and Ordinance 299-V-10 reads as under:-

"299-V-4 There shall be annual examinations and a second examination for the remanded candidates within a period of 4 to 6 months after the declaration of result."

"299-V-10 Maximum number of attempts permitted for each paper will be three including the first attempt. Maximum period to complete the course successfully should not exceed eight years."

8. It appears that aforesaid Ordinance was amended by the Rajasthan University of Health Sciences vide Notification dated 28th November, 2017 and in place of above provision, following provisions were replaced in Ordinance 299(V)4 and 299(V)10, which reads as under:-

"299-V-4 There shall be two examinations in a year - One Main Examination after regular study of 11th months of the session and the Second Examination (Remanded Exam. or Supplementary Exam.) for those candidates who have failed in the main exam. The Remanded Supplementary examination shall be conducted within a period of 4-6 months after the main examination conducted.

299-V-10 A candidate can avail any number of attempts for each paper with the condition that maximum period for passing B.Sc. Nursing course is not more than eight (8) years. If he/she fails to clear all previous year due papers within eight (8) years for such candidate the enrollment will be cancelled automatically and he/she have to leave/discontinue the course. (There shall be no ceiling of number of attempts in failing subjects. However, a candidate is required to pass all subjects of B.Sc. Nursing with in a period of eight years from the date of admission, failing which candidate shall deemed to be discharged from the course automatically."

9. In the opinion of this Court as the Ordinance has been amended only in 2017 and the petitioners had joined in 2010, the University Ordinance as quoted earlier part shall have an application for the present purposes.

10. As per the said Ordinance, the respondents were required to conduct annual examination each year and second examination for the remanded candidates within a period of 4 to 6 months after the declaration of the result. Admittedly, for the B.Sc. Part-I Exam, the candidates who were admitted in 2010 appeared in the examination only in November, 2011 for the first time and thereafter, have appeared in the remanded examination in November, 2012. The Session of First Year, therefore, seems to have been extended almost for a period of 2 years.

11. From the careful reading of Ordinance 299-V-10 as it existed earlier, this Court finds that the Ordinance has two parts. The first part relates to maximum number of attempts permitted for each paper as three including the first attempt and the second part is with regard to the maximum period to complete the course successfully which should not exceed eight years while in the new Ordinance, the language is changed and a candidate is entitled to avail any number of attempt, however, the maximum period for passing B.Sc. (Nursing) Course is not more than eight years. Thus, while in the previous Ordinance the word "should complete course in eight years" was mentioned which is to be treated as directory and not mandatory; in the new Ordinance, the language is in a mandatory form stating the words "not more than eight years".

12. This Court has already held that since the students were admitted in the year 2010, the Ordinanc