MANHISH SINGHVI Vs. J N V UNIVERSITY JODHPUR

JUDGEMENT

(1.) The petitioner had joined the LL.M. Course in 1993 and passed his Ist year LL.M. Examination, 1994, wherein, he had secured 301 out of 500 total marks and stood II in the merit list next to Shri Ashwani Daiya - respondent No. 3, who secured 316 out of total 500 marks and stood at number 1 in the merit list of LL.M. Part Ist examination.

(2.) Both the petitioner as well as respondent No. 3 got admission in LL.M. IInd year examination, 1994. Last date for filling up the examination form of LL.M. Part II was 27-1-1995. The respondent No. 3 with other students of LL.M. Part II filled up the form before the expiry of last date i.e. 27-1-1995. However, the petitioner did not fill up the form before expiry of last date of 27-1-1995. Somewhere in March, 1995, all of sudden he woke up from slumber and made an application requesting the respondent University to permit him to fill up the form late after condoning the delay. However, the University did not reply to the same because there was no provision either under the Act, Rules or Regulations framed by the University to condone the delay and accept the form late after the last date of filling up the form expired.

(3.) The petitioner, therefore, filed writ petition No. 809/95 before this Court in March, 1995 within few days of submitting his application to the respondent University praying that the University be directed to allow him to appear in IInd year LL.M. Examination after accepting his form on the ground that he could not fill up his form before the last date of 27-1-1995 because he was ill and had gone for medical check up at Mumbai in October, 1994 and later on undergone an operation on 27-12-1994 and he resume his studies in IIIrd week of January, 1995 after taking rest as advised by Doctor and that he came to know only in March, 1995 that last date of filling up the examination form had already expired on 27-1-1995.