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2019 DIGILAW 11 (RAJ)

Nidhi Khandelwal v. State of Rajasthan, Thr. Its Principal Secretary, Ayurved And Indian Medicine Department

2019-01-02

SANGEET LODHA

body2019
JUDGMENT 1. This writ petition is directed against the order dated 01.09.2018 (Annex.6) issued by the Controller, Examination, Dr. Sarvepalli Radhakrishan Rajasthan Ayurved University, Jodhpur, whereby result of the petitioners of BAMS Part-II Examination, has been cancelled. 2. Learned counsel appearing for the petitioners submits that the controversy involved in the present petition stands covered by order dated 19.12.2018 passed by Jaipur Bench of this Court in SBCWP No. 20719/2018 (Priyanka Sharma v. Dr. Sarvepalli Radhakrishan Rajasthan Ayurved University & Anr.) . The writ petition preferred by the writ-petitioner therein involving identical issue was allowed by the learned Single Judge of this Court at Jaipur Bench with the observations and directions in the following terms: "The challenge has been made to the order dated 1.9.2018, whereby the result of BAMS Part-II Examination of the petitioner has been cancelled. It is without an opportunity of hearing. It is moreso when earlier petitioner was declared successful on 22.3.2018, when result was declared. On declaration of result, a right was created in favour of the petitioner and it could not have been taken away without an opportunity of hearing. The impugned order has been passed in violation of principles of natural justice thus it is set aside. It is, however, with liberty to the respondents to take pass an order afresh after an opportunity of hearing to the petitioner and for that, this order would not come in their way. The writ petition is allowed with the aforesaid." 3. Accordingly, this writ petition is allowed in the terms indicated above. The petitioners shall appear before the authority concerned of the respondent-University on 08.01.2019. The respondents shall be at liberty to pass appropriate order afresh after giving opportunity of hearing to the petitioners in accordance with law. It is expected that taking into consideration the future of the students the respondent-University shall consider the entire matter objectively.