SUNIL KUMAR GOYAL Vs. UNIVERSITY OF RAJ.

JUDGEMENT

(1.) This writ petition has been filed seeking a direction to the University of Rajasthan to declare his result of B-Pharma Part-II course and two un-cleared papers of Part-I. The counsel for the University Mr, Jain has stated that infact the petitioner was not eligible to be promoted to B-Pharma Part II since the requirement of the Ordinance No. 289-W-5 of the University of Rajasthan is that a candidate who fails in more than three subjects, shall be considered as debarred from promotion to the higher class and such candidate shall be examined in the failing subject only at a subsequent examination.

(2.) The petitioner admittedly had failed in four subjects in the B-Pharma Part-I examination, but subsequently, he cleared two papers in the supplementary examination as a result of which the respondent No. 2 the Principal of the College permitted the petitioner to be promoted to B-Pharma Part-II in which he was allowed to take the examination. The University also allowed the petitioner to appear in the B-Pharma Part-II but thereafter it is resisting declaration of result on the ground that the respondent No. 2 should not have been promoted to Part-II nor he should have been allowed to take either Part-II examination or supplementary examination of un-cleared four papers of B-Pharma Part-II.

(3.) It is not clear why the University did not raise this objection when the petitioner appeared in the supplementary examination in four papers of B-Pharama Part-I and all the papers of Part-II and hence the resistance of the University at this belated stage at the time of his declaration of result cannot be allowed to be sustained.