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2018 DIGILAW 1336 (RAJ)

Somi Rajoriya v. University of Rajasthan

2018-05-18

DINESH CHANDRA SOMANI, M.N. BHANDARI

body2018
JUDGMENT M.N. Bhandari, J. - By this writ petition, a challenge is made to Clause 12 of the Ordinance 251 of Rajasthan University Ordinance. 2. It is stated that the petitioner took admission in B.A.LL.B. Five Year Course. She has cleared all the papers up to VIII semester thus appeared in IX semester. She was not permitted to appear in one paper of IX semester due to swine flu, though, permitted in other papers on production of medical certificate. The petitioner is now appearing in X semester examination but she has not been permitted to appear in one paper of IX semester. It is in the light of Clause 12 of the Ordinance 251 of Rajasthan University Ordinance. 3. A prayer is accordingly made to struck down Clause 12 of the Ordinance 251 of Rajasthan University Ordinance debarring appearance in a paper of IX semester along with X semester. The IX semester examination is scheduled to be held in the month of December, 2018. The candidates along with the petitioner would march over the petitioner due to the aforesaid. The prayer is accordingly to direct the respondents to hold special examination of the petitioner for one paper of IX semester. 4. We have considered submissions made by learned counsel for the petitioner and perused the record. A challenge to Clause 12 of the Ordinance 251 of Rajasthan University Ordinance has been made. For ready reference, the provision aforesaid is quoted hereunder : "A candidate who, after passing B.A, LL.B. IX semester examination, or has obtained more than 50 per cent marks in at least 4 papers of Semester VIII & IX and has passed Semester VII, and has completed a regular course of study in the X semester B.A., LL.B. class shall be eligible to appear at B.A.,LL.B. X semester examination. He has to appear in remaining one/two papers of Semester VIII also. He has to appear in remaining one paper/2 papers of Semester IX and X in the next ensuing examination of the said semester." 5. It does not debar a candidate to appear in remaining one or two papers of Semesters IX and X rather permits in the next ensuing examination of the said Semesters. 6. In view of the above, the petitioner has not been debarred to appear in the remaining paper of IX semester. It is scheduled in December, 2018. It does not debar a candidate to appear in remaining one or two papers of Semesters IX and X rather permits in the next ensuing examination of the said Semesters. 6. In view of the above, the petitioner has not been debarred to appear in the remaining paper of IX semester. It is scheduled in December, 2018. The petitioner wants special examination of one paper of IX semester in the month of May or June, which is kept for VIII or X semesters as the schedule for VII or IX semester remains in December. 7. In view of the above, if examination of one paper of IX semester has not been conducted in the month of May or June, we do not find any illegality in the action of the respondents as well as in the Ordinance. If a candidate fails to appear in any of the paper of IX semester for whatever reason, cannot seek direction for special examination for him/her alone with other paper of X semester disturbing the entire schedule of the examination, semester-wise. 8. In view of the above, we do not find any ground to cause interference in Clause 12 of the Ordinance 251 of Rajasthan University Ordinance. Therefore, we are unable to accept the prayer made in the writ petition. The hardship of the petitioner may exist, as she was not permitted to appear due to swine flu, but, merely for that reason, an exception in the rule only for one candidate cannot be carved out so as to disturb the schedule of examination. 9. The question of marching of the candidates over the petitioner is of no consequence and otherwise it is not a case where due to the aforesaid, the petitioner would not get due seniority or promotion but it is only an academic matter. 10. In view of the above, the writ petition is dismissed.