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2001 DIGILAW 1403 (RAJ)

University of Rajasthan v. Ajeet Kumar

2001-09-04

ANOOP CHAND GOYAL, P.P.NAOLEKAR

body2001
JUDGMENT 1. With the consent of the learned counsel for the respective parties all these special appeals are heard and disposed of finality at the admission stage. 2. In all these special appeals the petitioners respondents namely; Ajeet Kumar, Parul Agarwal, Vivek Sharma and Gajendra Pareek have challenged the action of the respondent-University whereby their result of MBA Part-I examination was not declared and the action of the University whereby they have not been permitted to appear in MBA Part-11 examination. The learned Single Judge heard matters together and passed a common order on 10.7.2001. In operative part of the judgment the learned Single Judge gave directions quashing the communication made by the respondents appellants whereby admissions of the petitioners respondents in MBA Part I course was cancelled. The learned Single Judge further directed the respondent University of Rajasthan to declare the result of the petitioners of MBA Part-I examination. If the petitioners qualify in MBA Part-I Examination the respondent University shall allow them to take the examination of MBA Part-II examination publishing a fresh examination programme. One month time was granted to the University of Rajasthan to implement the order of the court. 3. Aggrieved by the said order of the learned Single Judge, these special appeals were filed by the University. The special appeals were admitted. The Division Bench heard the matter on stay application and interim directions were issued on 8.8.2001. The operative portion of the order dated 8.8.2001 is quoted hereunder : "Without expressing any opinion on the merits of the rival claims, we, as an interim measure direct the respondents herein (students) to approach the University of Rajasthan by making a representation to relax the conditions in their cases. If such representation is made by all the 4 students, we direct the Syndicate Nice Chancellor to consider the same and pass appreciate orders. Since we have issued the above directions, we direct the appellant University to wait for further orders in relation of conducting examination for the respondents alone The Syndicate Nice Chancellor, shall decide this matter within one week from the day of receipt of this order as a special case." 4. As per the interim directions given by the Division- Bench of the respondents students approached the University and made representations. The Syndicate of University of Rajasthan authorised the Vice Chancellor to take decision over the representations made by the respondents students. As per the interim directions given by the Division- Bench of the respondents students approached the University and made representations. The Syndicate of University of Rajasthan authorised the Vice Chancellor to take decision over the representations made by the respondents students. It is informed by the counsel for the appellant-University Shri A.K. Sharma that the Vice Chancellor on consideration of the representations and taking benevolent view in the matter, has decided to regularise the admissions of the respondents students. As per the directions given for regularisation of the admissions of the students the University of Rajasthan has declared the result of MBA Part-I examination. It is informed to the court that Ajeet Kumar and Gajendra Pareek have failed to clear three papers whereas Parul Agarwal has failed to clear one paper. Vivek Sharma has cleared all the papers of MBA Part-I examination. 5. In view of the decision taken by the Vice Chancellor the matter which is in dispute in between the University of Rajasthan and the respondents students have practically come to an end and the only question remains is of conducting fresh examination of MBA Parts-I and II. As per the counsel for respondents the examinations of MBA Part-I are still continuing whereas regular examinations of MBA Part-11 will be commenced after an year. If the students are required to wait for an year to appear in MBA Part-II examination, they will be loos my what has been given to them by the University by regularisation of their admissions. 6. Under these circumstances this court thinks it proper to pass following directions : (a) The judgment of the learned Single Judge shall be taken into consideration to have decided the issues in the peculiar facts and circumstances of the case of respondents students and shall not be taken as a precedent for the future decisions; (b) The University shall be free to take actions in accordance with law against the institutions if the University finds that the admissions given to the students by those institutions are not in accordance with law, statute or ordinances of the university or relevant law on the subject; 7. The University of Rajasthan shall permit Ajeet Kumar, Parul Agarwal and Gajendra Pareek to appear in on going examinations of MBA Part-I in the papers in which they have failed. The University of Rajasthan shall permit Ajeet Kumar, Parul Agarwal and Gajendra Pareek to appear in on going examinations of MBA Part-I in the papers in which they have failed. If Parul Agarwal has not secured minimum aggregate marks then she can appear in on going examination of one paper if the on going examinations are not available to the respondents then the University of Rajasthan shall conduct the examination of MBA Part-I for there papers within a period of three months. The University of Rajasthan shall also hold an examination of MBA Part-II for respondents students within a period of three months from today. 8. With the aforesaid directions, all these special appeals stand disposed of.Special Appeals Disposed of - Judgment Not to operate as Precedent. *******