SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Raj) 332

HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SAMEER JAIN, J.
Ashwani Kumar Pareek, S/o. Shri Raghuveer Prasad Pareek - Petitioner 
Versus 
Rajasthan University Of Health Science, Through Its Registrar – Respondent 
S.B. Civil Writ Petition No. 15529 of 2025 Connected With S.B. Civil Writ Petition No. 15544 of 2025, S.B. Civil Writ Petition No. 15985 of 2025, S.B. Civil Writ Petition No. 16322of 2025, S.B. Civil Writ Petition No. 16518 of 2025
Decided On : 21-05-2026

Advocates Appeared:
For the Petitioner: Mr. Swapnil Singh Patel with Ms. Shivangi Singh Patel, Mr. Laxmi Kant Sharma, Mr. Hansraj Kuldeep, Mr. Vijendra Yadav, Mr. Devendra Kumar Sharma.
For the Respondents: Ms. Namita Parihar, Dy. G.C., Mr. Nikhil Saini, Ms. Nitita Goyal with Ms. Muskan Harlalka for Ms. Anuradha.

The court affirmed that university ordinances prescribing maximum duration for course completion are mandatory and binding; judicial discipline requires courts to follow settled Division Bench precedents rather than allowing relaxations based on isolated equitable facts in distinct cases.

Headnote:(A) Academic Regulations - Ordinance governing maximum duration of studies - Professional courses - Completion of degree courses within eight years - Petitioners failing to complete courses within prescribed time limit - Applicability of Binding Precedents - High Court held that judicial discipline requires adherence to Division Bench judgment confirming that exceeding the prescribed temporal limit for course completion is impermissible under the Ordinance - Distinction drawn from prior coordinate case on grounds of equity found inapplicable due to peculiar and distinct facts of that case. (Paras 4, 5, 6)

Facts of the case:
Petitioners, enrolled in professional degree courses, challenged the denial of permission to continue their studies after failing to complete the courses within the maximum period of eight years prescribed by the relevant ordinance. The respondents relied on a prior Division Bench decision barring such extensions. Petitioners sought relief based on an earlier coordinate bench order that had allowed a student to complete a course on equitable grounds.

Findings of Court:
The Court observed that the issue of course completion within the specified time limit had already been authoritatively decided by the Division Bench. It further determined that the decision relied upon by the petitioners involved specific, peculiar equitable facts involving a student who had already appeared for examinations, which did not apply to the present matter.

Issues: Whether candidates who have exceeded the maximum academic duration prescribed by university ordinances for course completion are entitled to judicial relief under the doctrine of parity or equity.

Ratio Decidendi: The Court established that academic ordinances prescribing maximum temporal limits for course completion must be strictly followed, and that judicial discipline mandates adherence to superior Division Bench rulings over precedents based on isolated or distinct equitable circumstances.

Result: Petitions dismissed.

Table of Content
1. parties rely on conflicting precedents regarding course duration limits. (Para 1 , 2)
2. distinguishing case law and applying established division bench precedents. (Para 3 , 4 , 5)
3. judicial discipline requires following binding division bench precedents. (Para 6 , 7)

JUDGMENT :

SAMEER JAIN, J.

1. In the instant matter learned counsel for the respondents has relied upon D.B. Special Appeal Writ No. 772/2021 titled Rajasthan University of Rajasthan Vs. Mahesh Joshi & Anr. order dated 08.12.2022, and submitted that the lis at hand does not survive, in view of the said ratio.

2. Learned counsel for the petitioners has relied upon S.B. Civil Writ Petition No. 16788/2022 titled Ms. Seema Pargi Vs. State of Rajasthan & Ors. order dated 16.04.2026 wherein it is submitted that considering the Ordinance 299-V-10 and distinction drawn from the above referred judgment and the writ petition was allowed.

3. This Court has considered the arguments advanced by the learned counsel for the parties and perused the judgments cited at the Bar.

4. In the case in hand, respondents have contended that the same facts, same point of law was considered in D.B. Special Appeal Writ No. 772/2021 (supra), thus, it is noted that the fact qua the students who have consumed more than 8 years, qua B. Pharmacy and B.Sc. (Nursing) course, was duly considered. The Division Bench in D.B. Special Appeal Writ No. 772/2021 (supra) has categorically held that the same is not permissible under the said Ordinance.

5. Contrarily, the judgment relied upon by learned counsel for the petitioners upon Ms. Seema Pargi (supra) pertains to distinct facts, as therein the petitioner who was student of B.Sc. course was not permitted to appear in two papers in forth year examination, due to non completion of her forth year course, within a period of eight years, thus, the Court has made a distinction that petitioner was already granted permission by the Co-ordinate Bench of this Court, on 09.11.2022 to write the examination on two due papers and result thereof was declared subsequently, and she was declared pass in both the said papers. The Court has held that under due circumstances equity was created and the case was on peculiar facts. Howsoever, this Court is of a distinct view and is in conformity with the order passed by the Division Bench.

6. Considering the overall facts and circumstances of the matter at hand, and following the principle of judicial discipline, this Court is inclined to dismiss the instant petitions in view of the ratio passed in D.B. Special Appeal Writ No. 772/2021 (supra), which is squarely applicable in the facts and circumstances of the present case.

7. Accordingly, the instant bunch of the petitions are dismissed.

Pending application(s), if any, shall stand disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top