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Rajasthan High Court · body

2025 DIGILAW 1946 (RAJ)

Aashish Dadhich S/o Nand Kishore Dadhich v. Rajasthan University of Health Science, through its Registrar

2025-12-06

SANDEEP SHAH

body2025
ORDER : 1. Learned counsel for the petitioners submits that the petitioners were selected in pursuance to the counseling undertaken and more particularly pursuant to the interim order dated 16.10.2024 passed by this Court in S.B. Civil Writ Petition No. 16822/2024 (JIET Medical College & Hospital and Anr. v. Union of India) . By way of the abovementioned interim order, the respondent No.2-institution was permitted to take part in the counseling for additional 50 seats, over and above 50 seats already admitted to the institution, though provisionally. The abovementioned order passed by the Single Bench was affirmed by the Division Bench in D.B. Special Appeal (Writ) No. 1057/2024 by way of order dated 11.12.2024. 2. The petitioners have filed the present writ petition with the prayer for allowing the enrollment to the petitioner-students and also with a direction to the respondent-University to not take any coercive action against the petitioners. 3. In the present petition, by way of interim order dated 02.07.2025, this Court had issued direction to the respondent- University to provisionally enroll the petitioners and accept their online/offline examination form and allow them to take part in the examination. However, a specific direction was issued that the result shall not be declared without the leave of the Court. 4. Post participating in the examination, since the result was not declared a second stay application was filed and this Court while deciding the second stay petition, vide its order dated 15.10.2025, had directed the respondent-University to declare the result of the petitioners forthwith and, in case, any of the petitioners were found to be failed in any subject, he/she shall be permitted to submit supplementary examination form. 5. Post passing of the abovementioned order, the result of the students was declared and certain students i.e. some of the petitioners had failed in the main examination and had appeared in the supplementary examination, however, their results have not been declared. The third stay application has thus been filed with a prayer to declare result of supplementary examinations and to allow the petitioners to submit re-evaluation forms. He further asserts that since the students were permitted to appear in the examination post grant of enrollment and their results were declared, they cannot be denied the benefit of declaration of results of the supplementary examination and re-evaluation as that is extension of the earlier interim order granted by this Court only. He further asserts that since the students were permitted to appear in the examination post grant of enrollment and their results were declared, they cannot be denied the benefit of declaration of results of the supplementary examination and re-evaluation as that is extension of the earlier interim order granted by this Court only. He further asserts that the very purpose of filing of the writ petition will be frustrated if the students are not permitted to undertake any re-evaluation or the result of the supplementary examination is not declared, as their onward movements to another semester will be hampered through the non-declaration of the result. He, therefore, prays for a direction to the respondents to declare the result of the supplementary examination and to permit the petitioners to submit the re-evaluation forms, the last date of which is asserted to be on 09.12.2025. 6. Per contra, learned counsel for the respondent-University objects to the third stay application, however, he is not in a position to dispute the fact that the students had appeared in the supplementary examination and their result has not been declared or the fact that the very purpose of the interim order granted earlier would be frustrated if the result of supplementary examination is not declared soon. He further admits that the last date for submitting of re-evaluation form is 9 th of this month. 7. Considering the facts of the present case as well as the earlier interim orders dated 02.07.2025 & 15.10.2025, the third stay application is allowed. The respondent-University is directed to forthwith declare the result of the supplementary examination of the petitioners. 8. As regards the petitioners, who had appeared in the supplementary examination the respondents will also allow them to submit re-evaluation forms in online/offline mode. It is, however, clarified that the interim orders shall not create any equity in favour of the petitioners and the declaration of the result and filling of the re-evaluation forms shall be subject to the final outcome of the present writ petition.