Liyakat Ali vs University Of Rajasthan & Ors. on 9 November, 2000

Rajasthan High Court
Liyakat Ali vs University Of Rajasthan & Ors. on 9 November, 2000
Equivalent citations: 2001 (3) WLC 116, 2001 (1) WLN 492
Author: Misra
Bench: G S Misra


Misra, J.

(1). The petitioner Liyakat Ali had filed this writ petition seeking permission to allow him to sit in the examination of Vth year Bachelor of Unani Medical & Surgery (for short BUMS Course) alongwith the uncleared paper of IVth year which was to be held from 16.8.99. The petitioner was restrained from appearing in Vth year papers on the basis of Ordinance of the University of Rajasthan which envisaged that student in higher class should not be allowed to appear in the papers of the higher class without passing out the entire papers of the previous year and since the petitioner has failed to clear VIth year paper, he was not eligible to appear in the Vth year paper, in the BUMS Course.

(2). The petitioner however, had a reason to contest the matter on the ground that although he could not clear the paper of IVth year, he had applied for re-evaluation of one of the papers of IVth year and after his application for re-evaluation, it was the University which slept over the matter and did not declare the result for an unduly longtime. In the meantime lot of time was consumed, so much so that even the Vth
year examination was scheduled to commence. The petitioner, therefore, filed this writ petition seeking permission to appear in IVth year and Vth year examinations.

(3). Since the petitioner was able to make out a prima facie case in his favour, an ex-parte order was passed in his favour on 13.8.1999 by a Coordinate Bench of this Court with a condition that the final result shall not be declared without an order from the Court. It has now been stated that although the petitioner appeared in the Vth year papers of BUMS, his result has not been declared, although in the meantime he has already cleared all the papers of IVth year examination.

(4). It is no doubt true that when the petitioner had moved this Court the question was whether he was eligible to appear in Vth year or not as his eligibility was not free from doubt in view of the Ordinance of the University, but as on date since the petitioner has already cleared the IV year papers, it is difficult to appreciate why the result of the petitioner of Vth year should be withheld. If the University was really anxious, it could have perhaps filed an application for vacating the order passed on 13.8.99 questioning the petitioner’s eligibility to appear, but the same having not been done the petitioner has now already cleared IVth year paper. At this stage, therefore, there can be no justification for the University to withhold the result in order to decide whether infact the petitioner was eligible to appear in the Vth year examination or not for the simple reason that the petitioner has already cleared IVth year paper during pendency of the writ petition. The position would have been totally different if the petitioner had not cleared IVth year paper and were yet pressing for declaration of his result for Vth paper but that is not the factual position and hence it is considered appropriate to direct the University of Rajasthan to declare the result of the petitioner of his Vth year paper which he had taken in the year 1999. The result be declared expeditiously but not later than a period of four weeks. The writ petition in view of the aforesaid direction stands disposed of.

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