[2025:RJ-JD:40642]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14795/2025 Esub Khan Musalman S/o Meer Khan Musalman, Aged About 52 Years, Resident Of Nosar, Tehsil Baytu, District Balotra.

----Petitioner Versus

1. Vardhaman Mahaveer Open University, Kota Through Its Registrar.

2. Controller Of Examinations, Vardhaman Mahaveer Open University, Kota. ----Respondents For Petitioner(s) : Mr. Hapu Ram For Respondent(s) : Mr. Navneet Singh Birkh HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

11/09/2025 By way of filing the instant writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“In the light of facts stated above and the grounds mentioned therein, it is, therefore, most humbly prayed that the instant writ petition may kindly be ordered to be allowed and: -

(i) That by an appropriate writ, order or direction, directing the Respondents to allow the Petitioner to re-register and accept the online/offline application form for B.A. Final Year Examination for the academic session 2025-26, in accordance with Ordinance No. 8.5 of the University;

(ii) That by an appropriate writ, order or direction the Direct the Respondents to take on record and process the Petitioner's pending representation dated 28.03.2025 (Annx-4), and allow him to complete his B.A. degree in accordance with the rules of the University.

(iii) That by an appropriate writ, order or direction. the restrain the Respondents from closing the petitioner's access to the online portal or rejecting his application on the ground of expiry of the maximum duration.

(iv) Any other relief to which the petitioner is entitled, may be granted in his favour.

(v) The writ petition may be allowed with costs.”

2. Learned counsel for the petitioner submitted that the petitioner in the year 2017, took admission in the three year degree programme of Bachelor of Arts (B.A.) run by Vardhaman Mahaveer Open University, Kota. However, due to reasons beyond his control, he was unable to complete the degree course in time. When the petitioner in the year 2025 attempted to apply for B.A. Final Examination, his application form was not accepted by the University on the ground that the maximum period of eight years for completing the three year degree course had lapsed. Learned counsel submitted that action of the respondents in denying an opportunity to the petitioner to appear in B.A. Final Year Examination is contrary to Ordinance No.8.5 of the University according to which a one time facility shall be given to the student to clear all due papers in one academic year after his/her completing the maximum duration of the program. Learned counsel submitted that since the Ordinance No.8.5 is binding upon the respondent University, there is no just and valid reasons available to the respondents to not to accept the B.A. Final Year Application Form of the petitioner so that he can make an effort to clear all his papers in one academic year.

3. Per contra, learned counsel for the respondent- University submitted that the Universities Ordinance No.8.5 which offered one time facility for re-registration within one academic session for clearing all papers after expiry of the maximum period of the course has been abolished by the University’s Order Number F/VMOU/Exam/2013/18570 dated 02.09.2013 which reads as under:-

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