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2021 Supreme(Raj) 1239

SANJEEV PRAKASH SHARMA
Lalit Mohan Sharma – Appellant
Versus
Rajasthan University of Health Sciences – Respondent


Advocate Appeared:
For the Appellant :Brijesh Kumar Bhardwaj, Advocate
For the Respondent:Rekha Jain for Mohd. Ashfaq Khan, Advocates

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The issue involved in the present petition stands finally adjudicated by this Court in bunch of writ petitions with lead case of Fauran Singh vs. Rajasthan University of Health Sciences & Anr. : S.B. Civil Writ Petition No. 10298/2019 decided on 31.07.2020 wherein issue regarding the number of attempts which may be allowed to a candidate for appearing in the exam was considered by this Court and it was decided as under:-

    7. For adjudication of the issue, it would be appropriate to consider the University Ordinance, which governs the examinations. The relevant Ordinance 299-V-4 and Ordinance 299-V-10 reads as under:-

"299-V-4 There shall be annual examinations and a second examination for the remanded candidates within a period of 4 to 6 months after the declaration of result."

"299-V-10 Maximum number of attempts permitted for each paper will be three including the first attempt. Maximum period to complete the course successfully should not exceed eight years."

8. It appears that aforesaid Ordinance was amended by the Rajasthan University of Health Sciences vide Notification dated 28th November, 2017 and in place of above provision, following prov

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