RAM RATAN NAGAR Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) ALL the petitioners in this batch of writ petitions had been admitted into the Course of Diploma in Pharmacy Part-I for the session 1999-2000. The examinations of all the papers for Part-I Diploma in Pharmacy was scheduled to be held in the year 2000, but due to late session prevailing in the University, the examination for Part-I Course was held in August 2001 and the results for this examination were declared in November 2001. The petitioners admittedly were declared unsuccessful in this examination as they had failed to clear more than two papers in Part-I examination. The University of Rajasthan in view of Ordinance 278-H (VI) (d) does not permit admission to students in Part-II of the Diploma Pharmacy Course as it envisages that only those candidates who had cleared all the subjects and passed the Diploma in Pharmacy Part-I Course, are entitled to be admitted in Part-II. It further lays down that failure in more than two subjects (each Theory paper or Practical examination in Part I) shall not make the candidate eligible for admission in Part-II class as only those candidate who have failed in less than two subjects are eligible to be promoted to Part-II. Since the petitioners admittedly had failed in more than two papers/subjects in Part-I examination, they could not have been legally admitted in Part-II Course.

(2.) STRANGELY enough, the College authorities inspite of the Ordinance had permitted the petitioners to continue with the classes of Part-II Diploma in Pharmacy Course although they had not cleared all the papers of Part-I Course, but the University refused to endorse this action of the College authorities and also denied permission to the petitioners to appear in the examination for Part-II of the Pharmacy Course in view of the bar imposed by the provision in the Ordinance.

(3.) ALL these writ petitions in terms of the aforesaid direction, be treated as disposed of. .