ASHOK KUMAR ASERI Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) This special appeal under Section 18 of the Rajasthan High Court Ordinance has been filed by Ashok Kumar Aseri against the order of learned single Judge dated 7-4-1993 dismissing his writ petition.

(2.) The facts which are necessary for the disposal of this special appeal are that the petitioner-appellant was admitted in B.E. I st year Course in the year 1989 in the Faculty of Engineering of the University of Jodhpur now known as J.N.V. University (hereinafter referred to as the University). He failed in eight theory papers and one sessional paper of Humanities in the year 1990. The petitioner appellant again appeared in the year 1991 but was declared unsuccessful in four theory papers and two sessional papers. In the meantime on the representation of some other students of S.C./S.T. who were declared unsuccessful in five units, a Committee was constituted by the Vice Chancellor whose recommendations were accepted by the respondents and in pursuance of which Raj Kumar Meena and Rajesh Kumar Chawal were given admission in the next higher class. The petitioner-appellant also made a representation to allow him to keep term in the next higher class but his request was not accepted. Dissatisfied with the response of the University, the petitioner-appellant preferred a writ petition on the ground of discrimination. The learned single Judge of this Court vide its order dated 18-2-1992 issued notice to show cause. The respondent filed reply. The learned single Judge after hearing both the parties and considering the material on record dismissed the writ petition holding that the case of the petitioner is not similar with that of the two students viz. Raj Kumar Meena and Rajesh K. Chawal. He further held that the petitioner could not be promoted to next higher class. Aggrieved with the order of the learned single Judge, the petitioner has filed this special appeal. 3. This special appeal has been filed on 13-4-1993. This Court vide its order dated 13-4-1993 issued notice to show cause in pursuance of which Mr. R.L. Jangid appeared.

(3.) It has come up before us and as agreed by the counsel for the parties, the case is heard finally.