Mohit Tomar vs State Of Rajasthan
2021 Latest Caselaw 2796 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3269/2019

1. Mohit Tomar S/o Shri Krishna Pal Singh, Aged About 22 Years, R/o Near Gyan Vihar Public School, Madhuban Colony, Ward No. 22, Baraut, District Baghpat (U.P.). (B.A.M.S. 3rd Year Student, At Mahatma Jyotiba Fule College Of Ayurveda, Chomu, Jaipur).

2. Deepak Yadav S/o Shri Dinesh Yadav, Aged About 21 Years, R/o Village And Post- Gadoj, Tehsil- Behrod, District- Alwar (Rajasthan). (B.A.M.S. 3rd Year Student, At Mahatma Jyotiba Fule College Of Ayurveda, Chomu, Jaipur).

----Petitioners

Versus

1. State Of Rajasthan, Through The Principal Secretary, Aurved And Indian Medicine Department, State Secretariat, Jaipur.

2. The Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Karwad, Nagaur Road, Jodhpur, Through Its Registrar.

3. The Mahatma Jyotiba Fule College Of Ayurveda, NH-11, Sikar Road, Harota, Chomu, Jaipur, Through Its Principal.

4. Shri Shashi Sekhar Joshi, Controller Of Examination, The Dy. Sarvepalli Radhakrishnan, Rajasthan Ayurved University, Karwad, Nagaur Road, Jodhpur.

5. The Gurukul Polytechnic College, Chomu, District- Jaipur.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. S.P. Sharma
For Respondent(s)         :     Mr. Sundeep Bhandawat





                                          (2 of 3)                 [CW-3269/2019]


                    JUSTICE DINESH MEHTA

                                Judgment

02/02/2021

1. By way of the present writ petition, the petitioners have

challenged the action of the respondents in requiring the

petitioners to reappear in the examination, in furtherance of the

university's decision to cancel the examination on the ground of

mass copying.

2. Mr. S.P. Sharma, learned counsel appearing for the

petitioners, under the instructions of the petitioners, does not

press the present writ petition. He, however, submits that the

result of 2nd Year Examinations of B.A.M.S. course, in which

petitioners have appeared on the strength of the interim order

dated 05.08.2020 be declared.

3. In considered opinion of this Court, inspite of the fact that

petitioners are withdrawing the present writ petition, they are

entitled to get declaration of result of their 2 nd Year Examination,

in which they have appeared in furtherance of the order dated

05.08.2020, inasmuch as, the same is required to be considered a

fresh examination in which the petitioners have appeared.

4. In view of the aforesaid, the present writ petition is

dismissed as withdrawn.

5. The respondents are directed to declare petitioners' result of

2nd Year Examinations of B.A.M.S. course, in which they appeared,

pursuant to interim order dated 05.08.2020. The same be done

within three days from today.

(3 of 3) [CW-3269/2019]

6. Needless to observe that upon declaration of petitioners'

result, if they are entitled to appear in ensuing year/examination

(3rd Year of B.A.M.S. course), in accordance with rules of the

respondent-university, they shall be permitted.

7. Stay petition also stands dismissed accordingly.

(DINESH MEHTA),J 116-Ramesh/-

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