JAI NARAIN VYAS UNIVERSITY JODHPUR Vs. KISHORE KUMAR

JUDGEMENT

(1.) This special appeal is directed against part of the order of learned Single Judge dated 21.03.2005 in S.B.Civil Writ Petition No.1528/2005 by which while allowing the writ petition and issuing direction to the appellant-University to hold separate examination for the concerned students, the learned Judge awarded exemplary cost of Rs.10,000/- to each of the nine petitioners.

(2.) Brief facts of the case are that examination forms/fees were accepted from the writ petitioners for appearing in a compartmental examination to improve their percentage/ marks. After about five months, their applications were rejected on the ground that the course of final year had been amended, and they cannot be permitted to take the examination. We are of the view that the respondents acted under completely misconceived notion. The writ petitioners belonged to 2003-2004 batch and the amended course which came into force in 2004 could not be applied to them.

(3.) However, it is not necessary to go into that aspect. Pursuant to the direction of the learned Single Judge, special examination was held and the writ petitioners were allowed to appear. At this stage the only question is whether the learned Judge was justified in awarding cost and if so, to what extent?