Ahmed Zakaria and Suresh Kumar Sharma v. Rajasthan Technical University through Registrar, Rawatbhata Road, Kota
2011-05-09
MOHAMMAD RAFIQ
body2011
DigiLaw.ai
JUDGMENT 1. - Both writ petitions were filed by petitioners at the time when respondents did not allow them to appear in first, second and even third semesters of M.B.A. Examination. The court directed respondents to provisionally permit them to appear in those semesters but their result was directed not to be declared. On 23.12.2010 this court passed following order in Writ Petition No.8022/2010:- "Petitioner No.1 has produced his original mark-sheet of B.Com. Part III (Honors) wherein, he is shown to have been secured 802 marks out of 1500 marks and passed in IInd Division. He has also produced provisional certificate of BA issued to him by the same University namely: Magadh University Bodh-Gaya. Learned counsel for the petitioners has submitted that even though petitioner No.1 was allowed to appear in the examination of 2nd semester of MBA pursuant to the interim-order of this Court but he was not allowed to appear in the 3rd semester and back paper because he has submitted two mark-sheets, one of 17/11/2008 and another of 14/11/2009 although, roll number and marks indicated therein are same. It is contended that one of them is original and another is duplicate mark-sheet, which petitioner No.1 obtained after the original was lost. Petitioner No.1 is directed to produce both, original mark-sheet and provisional certificate of Magadh University Bodh-Gaya to respondent No.1 University within three days from today. University - respondent No.1 shall give clear receipt thereof to petitioner No.1 for receiving the original mark-sheet and provisional certificate of Magadh University Bodh-Gaya and verify genuineness thereof from the said University by sending Photostat copies thereof to the said University. In case, if ultimately it is found that mark-sheets/certificate produced by petitioner No.1 are not genuine, the examination attempted by petitioner No.1 would be liable to be cancelled. However, pending verification of genuineness of those documents submitted by petitioner No.1, he would not be debarred from appearing in the main examination of 3rd semester and back papers of 2nd semester as per rules. Connect with SBCWP No.1438/2010. List the matter on 20/1/2011. In the meantime, respondents are directed to allow both the petitioners to appear in the 3rd semester of M.B.A. Examination 2010 scheduled to take place on 30/12/2010 provisionally after accepting the examination forms of both the petitioners, which they will submit within three days." 2.
Connect with SBCWP No.1438/2010. List the matter on 20/1/2011. In the meantime, respondents are directed to allow both the petitioners to appear in the 3rd semester of M.B.A. Examination 2010 scheduled to take place on 30/12/2010 provisionally after accepting the examination forms of both the petitioners, which they will submit within three days." 2. Learned counsel appearing on behalf of the respondents University has submitted that petitioner has produced his original mark-sheet and provisional certificate to respondent University and on verification of the same from Magadh University Bodh-Gaya same have been found to be genuine. However, he submits that respondent no.3 Siddharth Institute of Modern Management, in Writ Petition No.8022/2010, has so far not forwarded name of petitioners, being admitted against the management quota. 3. Learned counsel for petitioners submits that admission forms of petitioners were duly filled in for admission against management quota and their admission forms had already been sent for their enrolment with the respondent University and they were even admitted by respondent management institute against the management quota. Counsel for respondent submits that due to inadvertence, names of petitioners have not so far been recommended. The respondent No.3 Siddharth Institute of Modern Management has not so far forwarded the same to the respondent University. 4. In result, both writ petitions are allowed. Respondent No.3 Siddharth Institute of Modern Management is directed to forward petitioners' names within a period of one month from today to respondents University and respondents University shall declare their result of all semesters in which they appeared or if they are required to appear in another back papers, the respondents University shall permit them to appear therein as per the relevant rules.With these directions, both writ petitions stand disposed of.Writ Petition Disposed of as Above. *******