RAJESH PANWAR Vs. UNIVERSITY OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE petitioner in this case claimed the relief of a mercy chance in final year M.B.B.S. and the contention of the learned Counsel for the petitioner is that at any rate because it is the practice in the university to allow mercy chances, the petitioner should not be and could not be discriminated and a fifth chance to which he describes as 'Mercy chance' should have been allowed to the petitioner in one remaining paper of final year M.B.B.S.

(2.) THERE is no dispute that the Ordinances which applicable to the case of the petitioner and others like him are 0.275 -A and that may read as under:

(3.) IN the rejoinder filed by the petitioner in para 1 and its sub -paras instances have been given to whom upto the year 1991 mercy chances have been given. When the case came upo for dictation of orders after hearing the arguments of the learned Counsel yesterday i.e. on 10th October 1991, the learned Counsel for the University of Rajasthan was directed to keep the record ready of such of the candidates whose names have been mentioned, therein and the said record is ready. Only one instance contained in sub -para 1(iv) of the aforesaid rejoinder is relevant for the present controversy as it is stated therein that Dhan Singh Meena and Banwari Lal Meena, both the students of first M.B.B.S. Examination and both could not clear all the three papers in four attempts and were given 5th chance to clear the one paper in the 1st M.B.B.S. Examination which was held in January 1991. A perusal of the record which has been kept ready by the learned Counsel for the University will show that so far as Banwari Lal Meena is concerned, he has not claimed forth attempt and the averment do not appear to be correct. It does appear that so far as Dhan Singh Meena is concerned, he had four attempts in first year M.B.B.S. and/was allowed fifth chance also. But it was for the examination commencing w.e.f. 10th December 1990 i.e. much before than the faculty of Medicine and Pharmaceuticals in its meeting held on 15th December 1990 resolved to recommend that no mercy chance be given by the University for passing any examination of the faculty of Medicine.