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1998 DIGILAW 209 (RAJ)

Hazari Lal Khatik v. University of Rajasthan

1998-02-12

GYAN SUDHA MISRA

body1998
JUDGMENT 1. - A cause has arisen for the petitioner to move this Court by way of a writ petition, as his answer sheets for Papers 4 & 6 of MA Final (Political Science) Examination 1996 in which his Roll No. is 35067, was lost in the University for no fault on his part as a result of which he was directed to re-appear in these papers for the second time in 1997 examination of Political Science. 2. One of the grievances raised by the petitioner is that as per the Ordinance No. 169 of the University of Rajasthan, in the event of loss or mis-placement of one or more written answer sheets, the Vice-Chancellor may permit the candidate to re-appear in the paper-concerned at a special examination to be arranged or to opt for the average of the marks of the other theory papers. Clause 3 of the same Ordinance further provides that where scrutiny of marks and/or re-valuation of answer books is not possible due to loss or misplacement etc. of the answer books, the candidate shall be permitted to re-appear in the paper concerned as soon as possible and special arrangement shall be made for the purpose. 3. Since the petitioner's answer sheets were lost, he represented before the Vice-Chancellor of the University to take a decision in regard to his lost answer sheets. His representation was disposed of by a communication sent to him on 5th November, 1997 informing him that the University has decided that he may be permitted to re-appear in the aforesaid papers as the ensuing main examination of 1998. The petitioner although is prepared to appear for the papers for the second time, he is aggrieved on account of the fact that since he had already appeared for the State Level Eligibility Test which is held for appointment of Lecturers in the University and has also qualified in the said test, he is required as per the rule to produce the marks sheet of his MA Final (Political Science) 1996 including paper Nos. 4 & 6, which he is not in position to produce, since he has to re-appear in two papers on account of no fault of his own and non-production of his marks-sheet may entail the consequence of cancellation of his candidature for appointment of his Lecturer-ship which should not be cancelled until he clears his papers Nos. 4 & 6, which he is not in position to produce, since he has to re-appear in two papers on account of no fault of his own and non-production of his marks-sheet may entail the consequence of cancellation of his candidature for appointment of his Lecturer-ship which should not be cancelled until he clears his papers Nos. 4 & 6 of MA Final (Political Science) Examination by appearing in the next ensuing examination as per the order of the University. 4. I find the prayer of the petitioner reasonable to the extent that he should not be made to suffer regarding his appointment for Lecturership merely on account of non-production of his marks sheet of the MA Final (Political Science) Examination 1996 of papers Nos. 4 & 6 since he has to re-appear in the two papers in the examination to be held in the year 1998. It is, therefore, directed that until the petitioner's results are declared by the University, his candidature by the RPSC for recruitment of lecturership should not be cancelled and since he has already qualified in the eligibility test, one post of Lecturer in the Political Science should be filled-up, only after declaration of the petitioner's result. 5. The writ petition accordingly stands allowed.Petition allowed. *******