SHAHID NOOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the fact that they are not being granted 4th attempt to pass their papers in B. Sc. (Nursing) Part-I, while their batchmates are being permitted to do so, the petitioners have approached this Court.

(2.) Mr. Tanveer Ahmed, the learned counsel for the petitioners, claims that according to the University Ordinance each student is entitled to four attempts to pass his papers. This information was likewise printed in the examination form. Therefore, they are entitled to appear in the 4th attempt to pass their papers.

(3.) On the other hand, Mr. Nikhil Singhvi, the learned counsel for respondents, has contended that subsequently the Ordinance of the University was amended in 2007; according to present Ordinance 299-V-10 of the University Ordinance, the maximum number of attempt permitted for each paper is three, including the first attempt. Thus, the maximum attempts permissible are only three, and not four. Thus, according to the University Ordinance, the respondents possibly cannot give the 4th attempt to the petitioners. Hence, the denial by the University is legally justified.