[2025:RJ-JD:50008]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Second Appeal No. 41/1999

Mohanlal Sukhadia University Udaipur through the Registrar

----Appellant

Versus

1. Miss Anita D/o Sh. Himmat Singh Choudhary, R/o 110, Maldas

Street, Kalpana Matching Centre, Udaipur (Plaintiff)

2. State of Rajasthan, through Collector, Udaipur (Def.1)

3. Govt. Mira Girls College, Udaipur (Def No.2)

For Appellant(s) : Mr. Jagdish Vyas

For Respondent(s) : None present HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment

1. The present second appeal arises from the judgment and

decree dated 15.01.1999 passed by learned Additional District Judge No.3, Udaipur whereby the judgment and decree dated 08.12.1998 passed by learned Civil Judge (Junior Division),

Udaipur City (North) has been upheld.

2. Brief facts giving rise to this appeal are that the plaintiff– respondent herein filed a suit for declaration and permanent injunction contending that she had passed her Secondary School Examination from the ‘Board of Secondary Education, Rajasthan’. Thereafter, she passed her Higher Secondary (11th Class)

Examination from the `Girls Senior Higher Secondary School, Jagdish Chowk, Udaipur’. She then obtained the degree of ‘Sahitya Ratna’ from Hindi University, Allahabad in the year 1996. Subsequently, she sought admission in M.A. Previous (Hindi) course in Mira Girls College, Udaipur (defendant No. 2). Her application was accepted and she was granted admission thereof. She studied there for the entire academic year. In November 1997, she filled up the examination form and deposited the requisite fee with the college. The appellant-University thereafter declared the examination schedule which commenced from 04.04.1998. The present appellant issued a letter dated 24.03.1998, which was received by her on 27.03.1998, wherein she was informed that she was not qualified for admission in the M.A. Previous (Hindi) course, as she had neither completed her graduation from a recognised university nor possessed a qualification equivalent to a graduation degree. Consequently, she was held ineligible for admission and was not permitted to appear in the examination. Aggrieved thereby, she filed a suit along with an application for temporary injunction.

3. Vide order dated 02.04.1998, in the temporary injunction application, she was permitted to appear in the examination; however, it was directed that her result will not be declared until the disposal of the suit. In the suit, notices were issued and reply was filed by defendant No. 3 – the present appellant contending that the plaintiff had sought admission to M.A. Previous (Hindi) on the basis of a graduation degree which was obtained from a college that was not recognised and that the admission was taken by the plaintiff in the college entirely at her own risk. It was further stated that neither any migration certificate had been accepted nor any enrollment number was issued to the plaintiff, and therefore she was rightly refused permission to appear in the M.A. Previous (Hindi) examination. Hence, their action was justified and was in accordance with law, and therefore, it was prayed that the suit be dismissed.

4. On the basis of the pleading of the parties, the learned trial Court framed the following issues:-

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5. The trial Court decided issue No. 1 in favour of the plaintiff and, on the basis of its finding, decreed the suit vide judgment and decree dated 08.12.1998. Against the said judgment, the present appellant preferred an appeal. The appeal was also rejected vide judgment dated 15.01.1999 against which, the