Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 1924 (RAJ)

Ashok Sharma v. Rajasthan University of Health Sciences

2010-11-16

M.N.BHANDARI

body2010
JUDGMENT 1. - By this writ petition, a challenge has been made to the order dated 12.8.2009 whereby the examination of petitioners for B. Pharma Course was cancelled. 2. Learned counsel for petitioners submits that it is at the stage when petitioners were allowed to appear in B. Pharma Part-III Examination and result thereof was declared. The only ground urged by petitioners is that impugned order has been passed without giving opportunity of hearing. This is moreso when there is no misrepresentation by petitioners regarding their eligibility. In reply, respondents have come out with a case of short attendance of petitioners, which is otherwise factually incorrect. Looking to the ground aforesaid, the impugned order may be quashed and set aside. 3. Learned counsel for respondent University, on the other hand, submits that it is due to the mistake committed by the college that forms of ineligible candidates were sent and accordingly, petitioners alongwith others were permitted to sit in the examination but when it came to notice of the college that petitioners are having short attendance, impugned order was passed. It is also submitted that when the forms were sent, only eligible candidates were to fill-up it. 4. I have considered the submissions made by learned counsel for parties. 5. It is not in dispute that impugned order has been passed without giving oppotunity of hearing that too, in a case where petitioners were allowed to appear in B. Pharma Part-III Examination without a mirepresentation by them. The result thereof has not been declared. Since, principle of natural justice have been violated, the impugned order cannot be allowed to stand. My view is strengthened by the judgment passed by Hon'ble Apex Court in case of Shri Krishan v. the Kurushetra University, Kurushetra, reported in (1976) 1 SCC 311 . The issue therein was almost similar to what exists in this case. Therein also, withdrawal of a candidate from the examination was made after the candidate appeared in the examination. 6. Keeping in view the judgment referred to above and the facts of the case, more specifically the violation of principle of natural justice in passing in impugned order, I am inclined to accept this writ petition. 7. Accordingly, the writ petition is allowed. The impugned order dated 12.08.2009 is quashed. Costs of the writ petition is made easy.Writ Petition Allowed. *******