VISHNU DUTT VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is arising out of the judgment and order dated 3-3-2000 passed by the learned Single Judge dismissing the writ petition No. 4933/99 filed by the appellant petitioner.

(2.) The appellant petitioner passed his Senior Higher Secondary Education in 1991 from Ajmer. He wanted Diploma in Civil Engineering from the Board of Technical Education, Jodhpur. He was admitted in the said course accordingly. At the relevant point of time, the Course Rules and Regulations for Diploma Courses in Engineering/ Non-Engineering for the year 1992-93 and onwards were in force. As per Rule 8, note (a) of the said Rules, a candidate who fails in Theory/Practical examination not more than 4 subjects of third year for 10 subjects scheme be allowed to appear in those subjects even after lapse of seven academic years from the date of his admission, but he has to pass all the subjects within 9 academic years from the date of his admission in the Diploma Course.

(3.) However, in 1994-95, the Board of Technical Education, Jodhpur issued new Rules for Diploma Programme in Engineering under Multipoint Entry and Credit System from 1994-95 onwards, under which the total number of papers were 42. The appellant cleared 41 papers, but unfortunately failed in one paper of Theory of Structure, therefore, under new rule 8.3 of 1994 Rules his enrolment was cancelled in 1999, which was challenged by him by way of writ petition No. 4933/99, which was dismissed by the learned Single Judge of this Court on 3-3-2000. Hence,this special appeal.