Ram Ratan Gurjar v. Maharshi Dayanand Saraswati University, Ajmer
2006-04-19
DALIP SINGH
body2006
DigiLaw.ai
Judgment Dalip Singh, J.- The petitioner appeared for the LL.B. Third Year Examination in the 2004. The petitioner failed to clear the paper of drafting, pleading and convincing and was awarded supplementary in the said paper. After the result of the LL.B. Third Year Examination was declared on 011.2004, the petitioner appeared for the supplementary examination in the paper of drafting, pleading and convincing in the year 2005 but failed in the said paper. The University declared the candidate as failed. The petitioner in this writ petition has prayed that a direction may be issued to the respondents to permit the petitioner to appear at the LL.B. Third Year Supplementary Examination in the aforesaid paper. 2. This Court vide order dated 14.09.2005 had issued notice to the respondent-University and had also permitted the petitioner to provisionally appear at the supplementary examination for the paper of drafting, pleading and convincing. 3. In response to the notice issued by this Court, respondents have filed their reply and have relied upon Ordinance 256-C(2) of the M.D.S. University, Ajmer. The relevant portion of the same reads as under:- "Ordinance 256-C(2) : If a candidate fails to clear the LL.B Ist Year/IInd Year or" IIIrd Year Examination as the case may be in the aforesaid manner in the supplementary examination he will be required to reappear at the subsequent following examination in all the papers afresh as an Ex-Student and provisional admission if granted in higher class shall be treated automatically cancel….." 4. On the basis of the aforesaid, it is submitted by the learned Counsel appearing on behalf of the University that the petitioner was entitled to one chance for appearing at the supplementary examination for the Third year in the above paper of drafting, pleading and convincing which was afforded to the petitioner in the year 2005 and since the petitioner failed to clear the said paper, the petitioner has now to as appear as an Ex-Student in the Third Year in all the papers. 5. Having considered the rival submission and having perused the relevant portion of the Ordinance 256-C (2), in the facts and circumstances, since the petitioner was already allowed one opportunity by way of supplementary examination and admittedly has failed in the said supplementary examination, the petitioner is, therefore, required to appear afresh as an Ex-Student in all the papers of LL.B. Third Year Examination.
There is, therefore, no merit in the present writ petition and the same is liable to be dismissed. 6. Learned Counsel for the petitioner submits that in view of the fact that writ petition is pending before this Court and the petitioner was permitted to appear at the LL.B. Third Year Examination vide order dated 14.09.2005, a direction may be issued to the respondent-University to receive the examination form the petitioner even though the date for submission of the same has expired, in view of the above facts and circumstances. 7. In the facts and circumstances which have been mentioned above, I deem it just and proper to direct the respondent-University to accept the form of the petitioner for appearing at the LL.B. Third Year Examination as an Ex-Student and permit him to appear in the ensuing Examination, 2006. 8. This writ petition accordingly stands disposed of subject to above.