MAMTA TAK Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) BY way of this writ petition, the petitioner is seeking directions to the respondents to declare her eligible to appear in LL.B. II year Examination conducted by the respondent -Maharaja Ganga Singh University, Bikaner commencing from March, 2013, accept the application form for the Examination sent by her by speed post and to allow her to appear in the said examination. Further directions are sought in terms that the petitioner may be permitted to appear in practical paper of the subject Professional Ethics Lawyer's Acct. and BB. Relations with LL.B. II year Examination, 2013. The petitioner appeared in LL.B. I year examination, 2012. The result was declared wherein she was awarded supplementary in the subjects Contract I and Contract II. That apart, she was shown absent in practical paper of Professional Ethics Lawyer's Acct. and BB. Relations. It is stated that the petitioner could not appear in the practical paper of Professional Ethics Lawyer's Acct. and BB. Relations on 9.2.12 as her marriage was to be solemnized in her village on 10.2.12. The petitioner applied for revaluations of both the papers i.e. Contract I and Contract II wherein she was awarded supplementary. The result of the revaluation was declared wherein she was declared passed in both the subjects. It is stated that the revaluation result was declared after the last date fixed for submission of the form for supplementary examination and therefore, she could not appear in the supplementary examination as well. It is stated that in June/July, the petitioner was granted provisional admission in LL.B. II year. She pursued her studies, however, she has not been permitted to appear in the LL -B year Examination inasmuch as, she had not passed the LL.B. I year as on the date. The petitioner was not allowed to submit the form for LL.B. II year Examination, 2003 online and therefore, the application form was sent by her on 12.2.13 by speed post alongwith a draft of Rs. 3300/ -, which includes six times late fee. The petitioner made the representation for permitting her to appear in the examination but to no avail. Hence, this petition.

(2.) ON 8.3.13, a coordinate Bench of this Court passed an interim order in favour of the petitioner in the following terms:

(3.) THE respondent -University has filed reply to the writ petition accompanied by an application under Art. 226(3) of the Constitution of India for vacating the interim order. The respondents have raised a preliminary objection in terms that before approaching this Court, the petitioner preferred a civil suit alongwith an application seeking temporary injunction before the Additional Civil Judge (J.D.) No. 2, Bikaner claiming the same relief which is claimed in the present writ petition. It is submitted that the application seeking temporary injunction as dismissed by the civil court on 18.2.13 and the suit is still pending consideration before that Court. It is submitted that the petitioner has concealed this material fact from this Court and therefore, the present writ petition deserves to be dismissed on this count alone. It is submitted that in view of the pendency of the suit claiming the same relief which is claimed in the writ petition, being pending before the civil Court, this writ petition preferred is not maintainable. It is submitted that the petitioner claims that she was entitled for grace of 7 marks in practical paper of Professional Ethics Lawyer's Acct. and BB. Relations whereas, as per the ordinance of the University, a candidate is required to secure minimum 36% marks in theory as well as practical examination. It is submitted that the petitioner did not even appear in practical paper of Professional Ethics Lawyer's Acct. and BB. Relations and therefore, the question of awarding grace marks does not arise. It is submitted that the petitioner did not appear in the practical paper in the supplementary examination as well and therefore, she having not passed the LL.B. I year examination, cannot be permitted to appear in LL.B. II year examination. Relying upon Ordinance 253C(i), it is submitted that if a candidate is declared eligible for appearing in the supplementary examination at the LL.B. I year Professional/Academic Class will be allowed provisional admission to LL.B. II year Class, however, in the event of his failing at the supplementary examination, his provisional admission to LL.B. II year Class will automatically stand cancelled and such candidate shall have to appear in LL.B. I year examination as an ex -student in all the papers prescribed for the course, it is submitted that since the petitioner did not appear in the supplementary examination in the paper and therefore, her admission to LL.B. II year class automatically stands cancelled and she cannot be permitted to appear in LL.B. II year examination.