Geeta Sinha v. Jai Narayan Vyas University, Jodhpur
2003-07-22
ANIL DEV SINGH, H.R.PANWAR
body2003
DigiLaw.ai
JUDGMENT 1. (Oral) - The appellant is aggrieved of the order of learned Single Judge -I dated 12.5.2003 in S.B. Civil Writ Petition No. 2066/2003 whereby the learned Single Judge declined to issue direction to the respondent University to admit the appellant in the 111rd Semester of M.C.A. 2. The facts giving rise to the appeal are thus: the result of the appellant for the IInd Semester was declared. She was shown to have failed in the said Semester. Subsequently, on revaluation, she was declared to have passed the find Semester. Since the appellant had been declared successful, she agitated for being admitted to the IIIrd Semester. The University declined to grant admission to the appellant in the IIIrd Semester on the ground that to on the date the results were declared, she was not qualified for being admitted and subsequently, because of delay, the admission could not be granted to her. 3. The learned Single Judge before whom a grievance was made by way of writ petition in regard to the action of the University, was of the opinion that the appellant was not entitled to any relief. 4. We do not find any error in the order of the learned Single Judge. The appellant could not be granted admission in the IIIrd Semester in the first it stance because she was declared to have failed in the IInd Semester. It was only after revaluation of her papers that she was declared successful in the 1111d Semester. By the time she was declared successful, the session was almost over. In the circumstances, therefore, the appellant was not granted admission. 5. Learned counsel for the appellant submits that in case it was not possible for the University to grant admission to the appellant for the session 2003, the appellant should be considered for 111rd Semester of M.C.A. in the next session. The learned counsel for respondents state that the University shall consider the candidature of the appellant, provided she competes with oiler eligible candidates, who will seek admission in the 111rd Semester during the next session. 6. Having regard to the submissions of the learned counsel for the parties, we direct the respondents to consider the candidature of the appellant for 111rd Semester in the next session.With the aforesaid observations and directions, the appeal is disposed of.Appeal Disposed of with above Observations. *******