ARUNA VYAS Vs. JNV UNIVERSITY

JUDGEMENT

(1.) Petitioner Miss Aruna Vyas's case is that she submitted application form as a private student for B.Sc. part I course. She was allowed to deposit fees by respondents and the same was deposited on 15-11-1996 in the office of Dean, Faculty of Science, Jodhpur. The fees for practical course was also deposited vide challan No. 29410 on 27-12-1996. She was allotted practical group D-11 by the Faculty of Science and regularly attended the practicals of physics and chemistry on prescribed dates and time. She also completed the course in time. She was required to obtain the certificate of practical courses from the Head of Department of Chemistry and Physics. The Head of Department of Chemistry issued a certificate and the same was deposited in the examination section. She was earlier granted permission to take examination as a private candidate. But vide communication dated 6-3-97, she was informed by the Registrar that she should deposit the certificates of practicals undertaken from the concerned Heads of Department otherwise she will not be allowed to appear in the examination. This letter is Annx. 5. She deposited the certificate given by the Head of Department of Chemistry but the Head of Department of Physics did not issue certificate. She made all effort to obtain certificate from the Head of Department of Physics where she had completed the practical course, but no such certificate was issued and she was not allowed to appear in the main examination of B.Sc. part I. She has challenged the order by which her candidature was rejected as she failed to produce a certificate from the Head of Department concerned about completion of practicals as required under Ordinance 114 of the University.

(2.) The respondent University entered appearance and filed its return submitting that it is the petitioner who has to submit the certificate of completion of practical course in the Department of Physics and unless she submits such a certificate she cannot be permitted to appear in the examination. Other objections have also been raised. But the crux of the matter is whether it was the petitioner who was required to produce the certificate of attending the practicals from the Head of Department of Physics?

(3.) I have heard the learned counsel for both the parties at length and have also gone through the record.