Citation : 2021 Latest Caselaw 12567 Raj
Judgement Date : 11 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7575/2021 Parul Singh D/o Shri Om Prakash, Aged About 27 Years, R/o H.no. 11, Pahad Ganj Colony, Second Lal Sagar Road, Purani Ration Ki Dukan, Jodhpur, District Jodhpur, Rajasthan.
----Petitioner Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. The Registrar, Jai Narain Vyas University, Jodhpur, District Jodhpur, Rajasthan.
3. The Principal, Government Physical Education College, Jodhpur, District Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid For Respondent(s) : Mr. Deepesh Singh Beniwal Mr. Pankaj Sharma, AAG Mr. Bhallu Ram Khichad, respondent No. 3 (present in person)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
11/08/2021
This matter comes up for consideration of second
stay application preferred on behalf of the petitioner.
Learned counsel for the petitioner has submitted that
the petitioner is the student of B.P.Ed. 3 rd Semester 2021
and the examinations whereof is scheduled to be held
from tomorrow. It is submitted that the respondent have
denied petitioner's participation in the examinations on
the ground that she did not join the online classes as well
as the offline classes and as such she did not complete
the course and therefore, she cannot be allowed to
(2 of 3) [CW-7575/2021]
appear in the examinations on account of shortage in
attendance.
Learned counsel for the petitioner has argued that
out of 106 students, only about 20 students had attended
the regular classes and the students, who had not
attended the regular classes, have been allowed to
appear in the examinations but the petitioner has
wrongly been denied. Learned counsel for the petitioner
has therefore prayed that as an interim measure, the
petitioner may be allowed to appear in the B.P.Ed. 3 rd
Semester 2021 examinations scheduled to be held from
tomorrow.
Per contra, learned counsel Mr. Pankaj Sharma, AAG
Mr. Deepesh Singh Beniwal for respondent Nos. 1 & 2 and respondent No.3, have vehemently opposed the second
stay application and submitted that the petitioner became
pregnant during the said course and as per the admission
Rules, if any candidate becomes pregnant while pursuing
the B.P.Ed. Course, her admission is liable to be cancelled
and therefore, the admission of the petitioner was
already cancelled vide order dated 24.02.2021 passed by
the respondent No.3.
Learned counsel for the respondents have therefore,
submitted that when the admission of the petitioner itself
has been cancelled on 24.02.2021, the petitioner cannot
be allowed to appear in the B.P.Ed. 3 rd Semester 2021
examinations.
Having heard learned counsel for the parties and
after taking into consideration the fact that the admission
(3 of 3) [CW-7575/2021]
of the petitioner in B.P.Ed. 3 rd Semester 2021 has itself
been cancelled vide order dated 24.02.2021, I do not find
any ground to entertain this second stay application.
Hence, the second stay application is dismissed.
(VIJAY BISHNOI),J
270-mohit/-
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