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Rajasthan High Court · body

1992 DIGILAW 684 (RAJ)

Kedar Prakash Sharma v. University of Rajasthan

1992-08-14

M.B.SHARMA

body1992
JUDGMENT 1. - The petitioner seeks a direction that his result of the Final Year Shastri Examination in which he appeared in July, 1990 be declared and he be allowed to continue in the Shiksha Shastri in which he is presently prosecuting his studies. 2. Shastri Course in Sanskrit is three years Degree Course. One is eligible to seek admission in the said course after passing Higher Secondary Examination. The petitioner was admitted in the said course in 1983 and passed the First Year Examination in 1985 after clearing Supplementary Examination and thereafter he also passed Second Year Shastri Examination in 1986 but somehow he could not pass the same and passed the Second Year Examination in 1987 as an Ex-student. The petitioner thereafter was admitted in Third Year Shastri Course in the year 1989 and appeared in the Final Year Examination of that year the result of which was declared on October 5, 1989 and he was declared to have passed in all the subjects is except compulsory subject of General Sanskrit. He then appeared in that subject in the supplementary examination held in July, 1990 with Roll No. 86. In the hope that he would clear the supplementary examination, the petitioner appeared for the Shiksha Shastri Examination held by the Rashtriya Sanskrit Sanstha and passed the same and was given admission in Kendriya Sanskrit Vidyapeeth under letter dated August 29, 1980. Only such of the candidates who passed the Final Year Shastri (Sanskrit) Examination are eligible for admission in the Shiksha Shastri Course. 3. When the petitioner was prosecuting his studies in the Kendriya Vidyapeeth in the aforesaid Shiksha Shastri course, the result of Final Year Shastri Examination was declared for others and the petitioner was not declared successful. He filed a represention for declaration of the result but to no effect. According to the petitioner, he had come to know from reliable sources that he has passed the said examination, but his result was not declared. 4. The writ petition is contested by the respondents on the ground that the supplementary examination was held in January, 1990 but the petitioner had not appeared in the supplementary examination so held. He could not have appeared in the main examination of Final Shastri (Sanskrit) Examination held in July, 1990 because no supplementary examination was held in July, 1990 and therefore he being not eligible, his result was not declared. He could not have appeared in the main examination of Final Shastri (Sanskrit) Examination held in July, 1990 because no supplementary examination was held in July, 1990 and therefore he being not eligible, his result was not declared. 5. Ordinance 329-M-14 of the University of Rajasthan is relevant and the relevant part of the aforesaid ordinance may be read which reads as under: "329-M-14 (i) A candidate, who, after passing the Second Year Shastri Examination of the University has attended a regular course of study in an affiliated college for one academic year shall be eligible to appear at the Final Year Shastri Examination. (ii) xxxx (iii) A candidate who, having failed in compulsory subject and/or one Main Optional/Optional subject at the Final Year Shastri Examination, is declared eligible for the supplementary examination in accordance with the provisions of Order 193 and has yet to clear one or more compulsory subject(s) and/or one main Optional/Optional subject of First Year Shastri Examination and/or one compulsory subject and/or one Main Optional/ Optional subject of Second Year Shastri Examination, shall be eligible to re- appear at the Supplementary Examination in the subject(s) of First Year, Second Year and Final Year Shastri examination in which he failed and, again failing there, at the subsequent Main and Supplementary examination until he passes all the subjects." 6. A perusal of the aforesaid extracted relevant part of the Ordinance, namely Ordinance No. 329-M-14(iii) will show that a candidate who has failed in compulsory subject and/or one Main Optional/Optional subject at the Final Year Shastri Examination is declared eligible for the supplementary examination in accordance with the provisions of Order 193 and he has to clear one or more compulsory subject(s) and/or one main optional/optional subject of First Year Shastri Examination and/or one compulsory subject and/or one main optional/optional subject of second year Shastri Examination and he shall be eligible to re-appear at the supplementary examination in the subjects of First Year, Second Year and Final Year Shastri examination, but if he again fails, he shall be eligible to appear at the subsequent main and supplementary examination until he passes all the subjects. In the present case it will appear from a perusal of the application for final year which was filled in by the petitioner that he stated that he will appear in one subject-namely General Sanskrit. Thereafter, admission card was issued to him. In the present case it will appear from a perusal of the application for final year which was filled in by the petitioner that he stated that he will appear in one subject-namely General Sanskrit. Thereafter, admission card was issued to him. He appeared in one subject and it can be said that he was allowed to appear in one subject and as said earlier he was eligible to appear in one subject. It will further be seen that the petitioner under the impression that he was allowed to appear in one subject had also appeared in Shiksha Shastri Examination and also passed the same. Thereafter, he was given admission in Kendriya Sanskrit Vidyapeeth which is also one of the respondents in the writ petition. In my opinion, in the facts and circumstances of this case the petitioner had a right to be admitted in the Shiksha Shastri course and the learned counsel for the University does not dispute that in one of the subjects namely General Sanskrit the petitioner appeared in July, 1990 and passed the same. 7. Consequently, I allow this writ petition and direct that the result of the petitioner of final year Shastri (Sanskrit) be declared afresh taking into consideration the fact that the petitioner was eligible to appear only in one subject and he has passed the same. The petitioner will be allowed to appear in the final year Shiksha Shastri course in the subsequent examination. Cost made easy.Petition allowed. *******