The court emphasized the need for fairness and timely action in academic evaluations, particularly when a student's future professional qualifications are at stake.

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. 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