PARAS CHAND JAIN Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) SOME facts are not in dispute any longer and they are these. The petitioner Paras Chand Jain passed his Intermediate examination in the year 1979 from Madhya Pradesh (Board of Secondary Education Madhya Pradesh Bhopal) vide Annexure 1. He was admitted in IInd year course of TDC Commerce and appeared in IInd year examination 1980 in the University of Rajasthan. A candidate who had passed his Intermediate Examination was eligible for admission to IInd year TDC course. As per the Rajasthan University rules then in force, the petitioner was also to pass a paper of General English in IInd year TDC. He could not get the requisite passing marks in that paper as well as ABST I and II and therefore he was declared eligible for supplementary examination in those papers in 1981. He appeared in final year of TDC Examination along with back -log papers of IInd year namely, General English and ABST I and II. He cleared the papers of final year commerce examinations but was again declared eligible for supplementary examination in ABST I and II and General English. He applied for revaluation of the marks obtained by him in the Final Year examination of 1981, but he was declared fail in the final year commerce. He again appeared in the Final year Commerce TDC Special Examination, 1982 at Government College Centre, Kota. He also appeared in the back log papers as aforesaid. He was declared passed in ABST papers I and II but failed in General English paper but no marks were shown against the papers of final year examination.

(2.) THE case of the petitioner is that the University of Rajasthan through Registrar issued a notification dated July, 5, 1983 wherein it was provided that students having passed their Intermediate or 10+2 examination from the Board other than University of Rajasthan and had taken admission in IInd year and have appeared in IInd year Examination 1983 need not appear in General English paper. He therefore contends that by virtue of this circular it was not necessary for the petitioner to appear and pass in General English paper. The respondents therefore should declare his result and the petitioner cannot be called upon to appear and pass General English paper in IInd year TDC course.