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2022 DIGILAW 2691 (RAJ)

Chirag Sharma v. University Of Rajasthan

2022-11-02

ASHOK KUMAR GAUR

body2022
JUDGMENT 1. The matter comes up on the third Misc. Application No.3/2022 filed by the petitioner seeking prayer of permitting him to attend the Classes of 7th Semester of Five Year B.A. LL.B. Course by accepting his re-admission form along-with the requisite fee. 2. Learned counsel for the petitioner submitted that this Court on 09.09.2022, as an interim measure, directed that the respondents would not prevent the petitioner from attending the classes of 6th Semester of Five Year LL.B. Course and further if any internal assessment was to be undertaken of the other students, the same was also required to be undertaken of the petitioner. 3. (D.B. SAW/1060/2022 has been filed in this matter. Please refer the same for further orders) Learned counsel for the petitioner submitted that this Court vide order dated 23.09.2022, after considering the second stay application filed by the petitioner, directed the respondent- University to accept the examination form and fee of the petitioner on provisional basis, for writing the examination of 6 th Semester and further result of the petitioner was not to be declared without prior permission of the Court. 4. Learned counsel submitted that the petitioner on the basis of the interim order passed by this Court, appeared in the 6 th Semester and his internal assessment was also undertaken by the respondent. 5. Learned counsel submitted that necessity of filing the present misc. application has arisen, as the respondent-University has issued the readmission notice dated 17.10.2022, whereby, students of B.A. LL.B. (Hons.) 3rd, 5th, 7th & 9th Semesters are permitted to deposit their provisional re-admission fee. 6. Learned counsel submitted that the petitioner may also be permitted to fill the readmission form along-with the requisite fee and may be permitted to attend classes of 7th Semester. 7. Learned counsel, during course of the arguments, also submitted that the other similarly situated candidates, who have been given admission in Sports Quota, namely Deepa Sain and Avani Lekhara, though did not appear in the internal assessment, however, such students are permitted to get admission on provisional basis in 7th Semester, whereas, the petitioner is deprived from the same. 8. Learned counsel further submitted that the petitioner is an Outstanding Sports Person and if his form for admission/readmission in 7th Semester is not accepted, the (D.B. SAW/1060/2022 has been filed in this matter. 8. Learned counsel further submitted that the petitioner is an Outstanding Sports Person and if his form for admission/readmission in 7th Semester is not accepted, the (D.B. SAW/1060/2022 has been filed in this matter. Please refer the same for further orders) petitioner might lose his chance to represent the University of Rajasthan in Cricket event which is going to be held from 3 rd November, 2022. 9. This Court had asked learned counsel for the respondent-University Mr.Nitesh Rawat, as whether, the petitioner should be deprived to get the same treatment as has been given to the above named two persons. 10. Learned counsel for the respondent-University after seeking instructions submitted that the above named two candidates/ students are not 'Ex' students, as these students were 'Regular' in 5th Semester and result of 6th Semester of any of the candidate has not been declared so far, the parity cannot be claimed by the petitioner only on account of not having the internal assessment of these two candidates. 11. Learned counsel for the respondent-University submitted that the petitioner is an Ex student, as he had appeared only in two papers and in the remaining four papers of 5 th Semester, he was permitted by this Court to write his examination for 6th Semester. 12. Learned counsel submitted that the respondent University also filed Special Appeal (Writ) No.1060/2022 against the order passed by this Court on 23.09.2022, however, the Division Bench did not decide the Special Appeal on merits and all the points are permitted to be raised before the Single Bench. 13. I have heard learned counsel for the parties and perused the material available on record. 14. This Court finds that the respondent-University has not declared result of any of the candidate of 6 th Semester so far and the petitioner has also appeared in 6 th Semester Examination, his (D.B. SAW/1060/2022 has been filed in this matter. Please refer the same for further orders) internal assessment is also being made in weekly test on different four occasions. 15. This Court also finds that the petitioner has already been permitted by this Court to undergo the classes of 6 th Semester as per the order dated 09.09.2022 and further the status of the petitioner is yet to be decided finally about writing of his 5th Semester examination. 16. 15. This Court also finds that the petitioner has already been permitted by this Court to undergo the classes of 6 th Semester as per the order dated 09.09.2022 and further the status of the petitioner is yet to be decided finally about writing of his 5th Semester examination. 16. This Court finds the petitioner also represents Inter- College/University Team and Sports Calendar for Inter College/ National University Games for the Session 2022-23, as produced before this Court, reflects holding of such tournament from 03.11.2022. 17. This Court though requires to decide this writ petition finally, however, considering the fact that the other candidates, who have been given admission in Sports Quota and have further not even appeared in the internal assessment/weekly test, yet they are treated as re-admission in 7 th Semester, this Court, considering all these facts, deems it proper to direct the respondent to accept the re-admission form of the petitioner for 7th Semester and the requisite fee may be charged from the petitioner and the petitioner may also be permitted to attend the Classes of 7th Semester. 18. This Court accordingly disposes of the misc. application by giving direction to the respondent-University to permit the petitioner to fill the admission form for 7 th Semester and further necessary fee may be charged from the petitioner and permit the petitioner to attend classes of 7th Semester and if the petitioner is entitled to represent the University Cricket Team, he may not be treated as an Ex-student for the said purpose. 19. (D.B. SAW/1060/2022 has been filed in this matter. Please refer the same for further orders) The Misc. Application No.3/2022 stands disposed of. List this case for final disposal on 21.11.2022.