TARA CHAND GUPTA Vs. UNIVERSITY OF AJMER

JUDGEMENT

(1.) AS per the facts mentioned in the writ petition, the petitioner appeard in B. A. Second year T. D. C. Examination in the Year 1987 as a private student and cleared all the papers except the one paper of Economics. He got supplementary in the paper. He appeared in the supplementary examination which was held somewhere in September October, 1987. Meanwhile, the petitioner filled in the form for IIIrd Year B. A Examination on 21. 11. 1987 from Agrawal College, Jaipur, which was affiliated to the University of Ajmer. He also deposited the examination fee of Rs. 165/- with the aforesaid form which included Rs. 50/- for the B. A Second Year TDC 1st Paper-Economics and Rs. 110/- for IIIrd Year Examination and Rs. 5/- for other charges. The examination fee tendered by the petitioner was accepted by the respondent and he was given admission card both for appearing in the IIIrd year Examination, 1988 and for the due paper of Economics Paper-I of Second Year T. D. C. He was also given roll number. The petitioner appeared in B. A Final Year Examination, 1988 and also in the due paper of Second Year i. e. Economics Paper-1. The result of both the examinatibns-IIIrd Year and due paper of Second Year was published in the new spaper on 25. 7. 1988 but the petitioner was shown as 'rl' which meant 'result lateron'. The petitioner approached the University authorities verbally and was informed that he was not eligible for B. A third Year Examination as he has not passed B. A Second Year and was also not eligible to appear in only one paper-supplementary paper, Economics Paper 1st. He ought to have appeared in all the papers of Second Year. The petitioner submitted a written representation to the University on 9. 9. 1988 and received a reply (Annexure-2) dated 16. 9. 1988. The petitioner again submitted a representation dated 26. 9. 1988 but he received no reply. Thereafter, he again submitted another representation on 12. 10. 1988 and ultimately, he had to give a notice for demand of justice on 22. 12. 1988 to which a reply had been received on 28. 1. 1989, wherein it was submitted that the petitioner was permitted provisionally to appear at the Third Year TDC Arts Examination, 1988 subject to the conformation of his eligibility from the University of Rajasthan, Jaipur. Lateron, he was not found eligible for appearing in the IIIrd year Examination, of TDC Arts, 1988 as per the provisions of the Ordinance 242-A of the University and therefore, the University had no alternative but to cancel his examination and thereafter, the petitioner has filed the present writ petition on 14. 3. 1989. Notices were issued on 6. 3. 1989 to show cause as to why the writ petition be not admitted and disposed of. A reply has been filed by the University on 15. 5. 1989, to which a rejoinder had also been filed by the petitioner on 24. 7. 1989.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) RELIANCE has also been placed on an unreported decision of this Court in Sandhya Singh V. University of Rajasthan (8) wherein the cases of Ashok Kumar Singhvi, Gulab Chand and Sanatan Gauda have been relied.