RAJESH KUMAR Vs. JAI NARAIN VYAS UNIVERSITY

JUDGEMENT

(1.) The petitioner by way of the present writ petition is seeking a direction to the respondent-University to allow him to participate in the M.P.Ed. Examination Second Semester which were to commence from 9.8.2017.

(2.) The petitioner is a student of M.P.Ed. which is of two years course comprising of four semesters. He completed his first semester but in the second semester examination of M.P.Ed., he was found guilty of using unfair means. Accordingly, vide order dated 3.12016, his result of M.P.Ed. Second Semester examination, 2016 was cancelled under Rule 73-I(a) with liberty to submit admission/examination form in case he so desired as he was otherwise eligible to appear for the examination of 2017 as per the University Rules. Before the order dated 3.12016 was received by the petitioner, he had already taken admission in the third semester as a regular student and had already filled examination form and continuity form for the M.P.Ed. third semester.

(3.) Learned counsel for the respondent while vehemently opposing the prayer of the petitioner submitted that the petitioner was not entitled to any equity in any manner on account of his conduct. Secondly, his result of second semester having been cancelled, he was required to take fresh admission in second semester. Since he did not take admission in second semester afresh, he was not entitled to appear in the examination of second semester to be held in the year 2017 and therefore the further question to allow him to appear in the third semester is not warranted.