AKASH SINDHWANI Vs. REGISTRAR RAJIV GANDHI PRODYOGIKI VISHWAVIDYALAYA

JUDGEMENT

(1.) IN these writ petitions, petitioners have prayed for further opportunity for appearing in the examination of Diploma in Pharmacy Course.

(2.) IN W. P. No. 6848/2002, petitioner Ku. Archana Mishra was admitted in Diploma in Pharmacy Course in the year 1998-99. She could not pass any paper in the examination held in May-June, 1999. She appeared in Second Year Examination held in December, 1999 and cleared 4 papers out of 6. Petitioner appeared in remaining two papers in May-June, 2000. The petitioner cleared one more paper and the one paper remained to be cleared. Petitioner was given admission in the Second Year in July, 2000. Petitioner appeared in the examination in December, 2000 for remaining one paper of First year but could not clear. She appeared in the examination held in May-June, 2001, in all the 6 appears of Second year and one paper of First year. She cleared 3 papers of the Second year, however, she could not clear the one paper of the First year. Petitioner again appeared in December, 2001, passed one more paper of Second year. Thus she has passed 4 papers out of 6 of Second year and 5 papers of First year. Thus only 2 papers of Second year and one paper of First year remained to be cleared by her. Petitioner has to appear only in 3 papers including Second year and First year.

(3.) RESPONDENT No. 1 University had taken a decision to grant 'special Compassionate Opportunity' to clear such withheld subjects. The said decision was taken by the Examination Committee in its meeting on 9th August, 2002, that the students of the batch of 1997-98 and 1998-99 should be given one special opportunity to clear their Diploma Course. Decision (P-1) issued on 19-9-2002. It was 'vishesh Anukampa Avasar'. The petitioner deposited examination fees. An order (P-6) dated 18-11-2002 was put on notice board that such students should not be allowed further opportunity and decision dated 12-9-96 was reiterated. It is submitted that once an opportunity was granted, the rejection of the application form is illegal.