Rajesh Kumar S/o Shri Naresh Kumar v. Jai Narain Vyas University, Jodhpur Through Its Registrar
2018-02-22
NIRMALJIT KAUR
body2018
DigiLaw.ai
ORDER : 1. The petitioner by way of the present writ petition is seeking a direction to the respondent-University to allow him to participate in the M.P.Ed. Examination Second Semester which were to commence from 9.8.2017. 2. The petitioner is a student of M.P.Ed. which is of two years course comprising of four semesters. He completed his first semester but in the second semester examination of M.P.Ed., he was found guilty of using unfair means. Accordingly, vide order dated 3.12.2016, his result of M.P.Ed. Second Semester examination, 2016 was cancelled under Rule 73-I(a) with liberty to submit admission/examination form in case he so desired as he was otherwise eligible to appear for the examination of 2017 as per the University Rules. Before the order dated 3.12.2016 was received by the petitioner, he had already taken admission in the third semester as a regular student and had already filled examination form and continuity form for the M.P.Ed. third semester. 3. Learned counsel for the respondent while vehemently opposing the prayer of the petitioner submitted that the petitioner was not entitled to any equity in any manner on account of his conduct. Secondly, his result of second semester having been cancelled, he was required to take fresh admission in second semester. Since he did not take admission in second semester afresh, he was not entitled to appear in the examination of second semester to be held in the year 2017 and therefore the further question to allow him to appear in the third semester is not warranted. 4. Heard. 5. The argument of the learned counsel for the respondent that the petitioner is not entitled to any equity as he did not take admission afresh in the second semester of 2017, cannot be sustained in the facts of the present case. 6. A perusal of the order dated 3.12.2016 in itself is clear. As per the said order, the result of the petitioner of M.P.Ed. second semester examination of 2016 was cancelled. He was held eligible to appear in the examination of 2017 as per the University Rules. There was a clear indication that he could appear in the examination of 2017, in case, if he so desired for which he is at liberty to submit the admission/examination form accordingly.
second semester examination of 2016 was cancelled. He was held eligible to appear in the examination of 2017 as per the University Rules. There was a clear indication that he could appear in the examination of 2017, in case, if he so desired for which he is at liberty to submit the admission/examination form accordingly. The petitioner in all earnest submitted his examination form for the year 2017 but surprisingly he was not allowed to appear in the examination. Accordingly, this Court vide order dated 9.8.2017 allowed him to appear in the M.P.Ed. second semester examination, 2017 to be held in the year 2017. 7. Under the scheme of things, the petitioner has repeated his second semester of examination in the year 2017 only after a lapse of one year. The argument that the petitioner is required to take fresh admission in M.P.Ed. Second Semester is neither borne out from the order dated 3.12.2016 and nor any rule, regulation to the said effect has been brought to the notice of this Court. In fact, the letter dated 3.12.2016 as discussed above specifically states that petitioner was at liberty to appear in the examination of M.P.Ed. Second semester to be held in the year 2017 which he did after filling his application form as an ex student. 8. At this stage, the petitioner also apprehends that the respondents may not allow him to appear in the M.P.Ed. third semester examination. 9. Admittedly, the petitioner knowing that he could not appear in the third semester till he cleared the second semester, did not appear in the third semester examination to be held in the year 2017 in spite of the fact that he already stood admitted in the third semester and has completed the course of study of third semester. 10. The fact that he did not sit in the M.P.Ed. third semester examination of 2017 has automatically resulted in loss of one year. The second semester now having been completed in 2017, there should also be no further impediment in the way of the petitioner to appear in third semester examination for which he has already attended as a regular student. The refusal by not allowing the petitioner now to appear in M.P.Ed. third semester examination to be held in 2018 would render a loss of two years instead of one which was not the intention of the order dated 3.12.2016.
The refusal by not allowing the petitioner now to appear in M.P.Ed. third semester examination to be held in 2018 would render a loss of two years instead of one which was not the intention of the order dated 3.12.2016. 11. In view of the above, the present writ petition is allowed. The respondents are directed to declare the result of the examination undertaken by the petitioner of M.P.Ed. second semester held in the year 2017 in pursuance to the interim order passed by this Court. In case, the petitioner has cleared the said examination, he shall be permitted to appear in the M.P.Ed. third semester examination to be held in 2018, if otherwise eligible.