KAILASH CHAND VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of learned Counsel for the parties, matter has been heard finally at the stage when it is listed on applications.

(2.) By this writ petition a challenge has been made to the action of the Respondent University, for not permitting Petitioner to appear in due papers for BAMS. First Year Examination. This is a case where Petitioner appeared in BAMS. First Year examination after completing his required studies. Petitioner failed in all papers except one. The actual appearance for due papers was subsequently on one occasion wherein again Petitioner was declared failed. In between, on one occasion, Petitioner was not allowed to appear in the examination for want of attendance. On few occasions, Petitioner did not appear in the examination for due papers.

(3.) Referring to Ordinance 329-N-19(j), it is submitted that one is allowed to have three attempts and for counting three attempts, actual attempt is taken into account. Petitioner has attempted due papers only on one occasion after declaring failed in the main examination. Respondents, however, counted his attempts when he was not permitted to appear in the examination due to short attendance and on same point of time, Petitioner himself did not appear. Pursuant to the interim order of this Court, Petitioner appeared in the due papers, result thereof has not been declared by the University.