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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7885/2022
Abhimanyu Khatri S/o Sh. Ashok Kumar Khatri, Aged About 21
Years, Resident of C.F. 4 High Court Colony, Ratanada, Jodhpur.
----Petitioner
Versus
1.
Jai Narain Vyas University, through its Vice Chancellor,
Head Office, Residency Road, Jodhpur.
2.
Registrar, Jai Narain Vyas University, Head Office,
Residency Road, Jodhpur.
3.
Controller (Examination), Jai Narain Vyas University, Head
Officer, Residency Road, Jodhpur.
----Respondents
For Petitioner(s)
:
Mr. Falgun Buch
For Respondent(s)
:
Mr. D. S. Beniwal
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
02/11/2022
The present writ petition has been filed with the following
prayer:
“By an appropriate writ, order or direction, the
respondent authorities may kindly be directed to permit
the petitioner to appear in the final examination of 9th
semester for the course of B.A., L.L.B., evaluate his
exam-sheet and declare his result.”
Learned counsel for the petitioner submits that by bonafide
mistake, the petitioner could not fill in the 9th Semester of B.A.
L.L.B. examinations form of the respondent Jai Narain Vyas
University, Jodhpur.
(2 of 4)
[CW-7885/2022]
Learned counsel for the petitioner submits that the petitioner
had met with a serious accident and because of his ill health and
infirmity in the body suffered in the accident, he could not fill in
the application form for the said examinations. He submits that in
pursuance of the interim order passed by this Court on
26.05.2022, the petitioner was provisionally permitted to appear
in all the examinations of the 9th Semester. However, before the
interim order could be granted, petitioner could not appear in one
of the papers of 9th Semester. Since there is no provision for
conducting the supplementary examinations, thus, it is prayed
that the Vice Chancellor of the respondent Jai Narain Vyas
University, Jodhpur may be directed to hold the examination of the
left out paper of the petitioner to save one year of a bright student
i.e. the petitioner.
Learned counsel for the University has vehemently opposed
the submissions made by the learned counsel for the petitioner
and submits that the Rules on the subject are very clear and the
petitioner will be allowed to appear in the left out paper only as
per the curriculum issued for the 9th Semester of the Academic
Session 2021-22. As per the norms/ guidelines governing the
controversy in hand, it is provided that the candidates like the
petitioner may be permitted to make up deficiency at subsequent,
but regular and scheduled programmes/ examinations only.
Subsequent examinations of the respective Semesters will be
treated as main examination. There shall be no make up or special
examination for making up such deficiency. He, therefore, prays
that the writ petition may be dismissed.
I have considered the submissions made at the Bar and have
gone through the pleadings as well as the syllabus placed before
(3 of 4)
[CW-7885/2022]
me. The petitioner had completed his 9th Semester as well as the
10th Semester of B.A. L.L.B examination and for certain
unforeseen circumstances, the petitioner failed to fill in the
examination form on time of 9th Semester and therefore, he was
not permitted to appear in the examinations of the 9th Semester.
Hence, the petitioner filed the instant writ petition. This Court vide
order dated 26.05.2022 provisionally allowed the petitioner to
appear in the examinations of 9th Semester of B.A. L.L.B course.
In pursuance of the directions issued by this Court, the petitioner
had appeared in all the papers, however, one paper which was
held on 25.05.2022 i.e. a day prior to the date of passing the
interim order, he could not appear in that paper/ examination of
the 9th Semester. During the pendency of the writ petition, the
petitioner except one paper, has a
