CHAITANYA SINGH Vs. MAHARISHI DAYANAND SARASWATI UNIVERSITY

JUDGEMENT

(1.) This special appeal filed under Section 18 of the Rajasthan High Court Ordinance, 1949, is directed against the order dated 27-5-1997 passed by learned single Judge of this Court in S. B. Civil Writ Petition No. 2714/1997 whereby the said writ petition filed by the abovenamed petitioner-appellant was dismissed.

(2.) The facts which are relevant for deciding the controversy between the parties briefly stated are that the appellant was admitted to B.Ed. course in the Government Teachers' Training College, Ajmer on the basis of merit after fulfilling the eligibility conditions as prescribed under the rules for the P.T.E.T. examination held by the respondent-University, Udaipur in the year 1990. Despite his persistent request he was not allowed to appear in the said examination conducted by the respondent-University w.e.f. 24-6-1991 and as a result he was constrained to file a suit for mandatory injunction in the Court of Munsif and Judicial Magistrate, Ajmer City (East) Ajmer whereby the plaintiff-appellant had sought declaration that he may not be debarred from appearing in B.Ed. examination which was being conducted by the respondent-University during the aforesaid period. Along with the suit an application for ad interim relief under Order 39, Rules 1 and 2, CPC was also filed. After hearing the parties to the suit, learned trial Court passed an interim order in favour of the plaintiff-appellant directing the respondent-university to permit him to appear in the said examination on provisional basis. However, the result was not to be declared till the decision of the said suit. Accordingly the plaintiff-appellant, had appeard in the aforesaid examination but his result was not declared in view of the ad interim order passed by the trial Court. The aforesaid suit finally came to be dismissed by the trial Court vide its judgment and decree dated 6-4-1993 holding that the plaintiff-appellant was not entitled to any relief, as against which he preferred an appeal before the learned District Judge, Ajmer which was later on transferred to the Court of Additional District Judge No. 1, Ajmer City, Ajmer. The appellate Court after perusal of the records and hearing the parties, accepted the said appeal and allowed the appellant's appeal vide its judgment and decree dated 20-7-1993 whereby the impugned judgment and decree passed by the trial Court was quashed and set aside.

(3.) In compliance with the aforesaid order of the appellate Court, the University declared the result of the appellant of B.Ed. examination, 1991 on 24-8-1993 by which he was declared to have qualified the said examination in IInd Division.