Pankaj Kumar Samaria v. Principal Secretary, Medical Education Department, Govt. Of Raj.
2019-02-18
SANJEEV PRAKASH SHARMA
body2019
DigiLaw.ai
JUDGMENT 1. Both the counsels agreed that the issue involved in the present case stands covered by the law declared by this Court in bunch of writ petitions decided by this Court in the case of Neelam Bafna v. Rajasthan University of Health Sciences & Ors. (S.B. Civil Writ Petition No. 7080/2014 and other writ petitions) decided on 08.05.2015. 2. The case by the petitioner was that the petitioner was found to have used unfair means while appearing in examination conducted by the Rajasthan University of Health Sciences and on the said basis, the petitioner who appeared in the examination was declared fail and was also declared to be disqualified for a period of four years. 3. Similar orders were passed in the aforesaid bunch of cases against the petitioners who filed writ petition before this Court and after examined the law laid down earlier and in terms of the provisions of the Ordinance 152(4) of the University, the impugned order declaring the petitioner disqualified was quashed. 4. It is noticed that in the case of Neelam Bafna (supra), the disqualification was for a period of two years while in the present case the disqualification is for four years. Following observations were made in the case of Neelam Bafna (supra):- "13. In view of the discussion above, the writ petitions are allowed. The orders impugned dated 18.09.14 declaring the petitioners disqualified for a period of two years including the present examination, are quashed. The University shall be at liberty to conduct the inquiry afresh and pass the appropriate order, after giving a fair and reasonable opportunity of hearing to the petitioner. The University shall declare the result of the petitioners of their respective exams/papers, wherein they were permitted to appear pursuant to the interim order dated 22.11.14 passed by this court, forthwith. The petitioners who are declared pass in their regular exams/remanded papers, shall be permitted to take up the studies/examination of the next higher class, if they are found otherwise eligible. However, the petitioners who are declared fail in their respective exams/remanded papers, shall be permitted to take up the examination in accordance with the norms laid down by the University. That apart, the petitioners shall not be denied the re-evaluation of the answer books, if applied for any permissible under the rules governing the examination.
However, the petitioners who are declared fail in their respective exams/remanded papers, shall be permitted to take up the examination in accordance with the norms laid down by the University. That apart, the petitioners shall not be denied the re-evaluation of the answer books, if applied for any permissible under the rules governing the examination. The results of the petitioners produced by the University may be returned to the counsel for the University in sealed cover. No order as to costs." 5. Learned counsel appearing for the respondents has no objection if similar order is passed in the present petition. 6. The writ petition is allowed in terms of the aforesaid order quoted herein above.