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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

: O R D E R :

S.B. CIVIL WRIT PETITION NO.1988/2014

Rishi Kumar Sankhla

V/s

Jai Narain Vyas University, Jodhpur & Anr.

Date of Order :: 28.1.2015

PRESENT

HON'BLE MR. JUSTICE ARUN BHANSALI

Mr. Manish Tak, for the petitioner/s.

Mr. Deepesh Beniwal ) for the respondent/s.

Mr. Salil Trivedi )

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BY THE COURT:

This writ petition under Article 226 of the Constitution of

India is directed against the action of the respondent-University

in rejecting the petitioner's examination form of Bachelor of Arts

('B.A.') Part-III as non-collegiate student and a direction has

been sought to allow the petitioner to take his B.A. Part-III

Examination, 2014.

The facts in brief may be noticed thus : the petitioner took

admission for the academic year 2011-12 for pursuing Bachelor

of Computer Application ('BCA') Course as a regular student with

a college affiliated with Maharshi Dayanand Sarswati University,

Ajmer ('MDS University'); the petitioner passed his Ist year BCA

in the academic year 2011-12; on account of certain exigencies,

the petitioner could not pursue his study as a regular student.

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The petitioner submitted his examination form as a non-

collegiate student for appearing in B.A. Part-II in the year 2013;

the petitioner was allowed to take the examination of B.A. Part-II

by the respondent-University as by then the colleges were

affiliated with Jai Narain Vyas University, Jodhpur ('JNV

University') instead of MDS University; the petitioner appeared in

the examination and passed the same in 2013; whereafter the

petitioner applied for appearing in B.A. Part-III Examination,

2014 as a non-collegiate student and submitted his on-line

application form with requisite fee and the off-line examination

form was also submitted.

It is then claimed in the petition that on 21.2.2014, the

petitioner received a telephonic message from the respondent-

University, by which he was informed that his application form

for B.A. Part-III Examination, 2014 as a non-collegiate student

will not be processed further and would be rejected; when the

petitioner contacted the University to find out the reason for the

proposed rejection, the same was not provided and therefore, an

application was submitted in this regard and same was also sent

by registered post.

Based on the above averments, it was alleged that no

reason was being assigned by the University regarding rejection

of petitioner's application form of B.A. Part-III Examination,

2014 and the relief as sought was prayed.

A reply to the writ petition has been filed by the

respondent-University and it is inter-alia indicated that B.A. is a

three years degree course and a student is eligible to appear in

B.A. IInd year examination in the same subjects which he has

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opted while pursuing his B.A. Part-I Examination; as the

petitioner had not passed B.A. Part-I and as such, he was not

eligible to appear in B.A. IInd year examination in the academic

year 2012-13; the examination form for B.A. IInd year filled by

the petitioner has been submitted as Annexure-R/1-1 and it is

alleged that in the column pertaining to last qualifying

examination instead of indicating the B.A. Ist year particulars,

the petitioner indicated BCA Ist year particulars, which aspect

could not be detected at the relevant time and the petitioner was

provisionally allowed to appear in B.A. IInd year examination

and it was clearly indicated on the admission card that if the

applicant was not found eligible to appear, his examination was

liable to be cancelled.

It is submitted that as the petitioner was not eligible to

appear in B.A. IInd year examination during the academic

session 2012-13, he was rightly refused permission to appear in

B.A. IIIrd year Examination, 2014.

Ordinance 86B of the University has been relied on, it is

indicated that the petitioner was infor