Rajasthan High Court - Jodhpur
Deepak Singh Sisodia vs Jai Narain Vyas University, ... on 17 March, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5663/2020
Kaushal Mutha S/o Shri Dhiraj Mutha, Aged About 19 Years, R/o
95, Gopi Krishna Vihar, Guron Ka Talab, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Dean, Faculty Of Commerce And Management Studies, Jai
Narain Vyas University, Jodhpur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 3446/2020
Muskan Rajpurohit D/o Kailash Singh Rajpurohit, Aged About 20
Years, 291/18, Chopasani Housing Board, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Rajasthan, Through
Its Vice Chancellor, Central Office, J N Vyas University
Residency Road, Jodhpur-342001.
2. Registrar, Jai Narain Vyas University, Jodhpur, Central
Office, J N Vyas University Residency Road, Jodhpur-
342001.
3. Assistante Registrar (Examination), Jai Narain Vyas
University, Jodhpur
4. Lucky Institute Of Professional Studies, Kamla Nehru
Nagar, Jodhpur, Rajasthan Through Its Principal.
----Respondents
S.B. Civil Writ Petition No. 3816/2020
Swarup Jangid S/o Shri Paruram Suthar, Aged About 22 Years,
R/o 11, Nanak Nagar Dhinala Nada, Pal Village, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. Center Superintendent, Faculty Of Commerce And
(2 of 18) [CW-5663/2020]
Management Studies, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 3851/2020
Sarasvati D/o Shri Maga Ram, Aged About 19 Years, R/o Village
Post Durgoniyo Ka Tala Lunada, Tehsil Baytu, District Barmer,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. Principal, Government College, Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 3852/2020
Manisha Sharma D/o Shri Girdhari Lal Sharma, Aged About 18
Years, R/o 4-M-43, Kudi Bhagatasani Housing Board, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. Principal, Maharshi Dadhich Mahavidhyalaya, Madhuban,
Jodhpur, Rajasthan.
4. Center Superintendent, Mahila Pg Mahavidhyalaya, Pratap
Nagar, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 3860/2020
Surya Prakash Choudhary S/o Shri Shiv Bhagwan, Aged About
19 Years, R/o Village Bhadrajun, Tehsil Aahore, District Jalore,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. Principal, Saraswati Mahavidyalaya, Village Bhadrajun,
Tehsil Aahore, District Jalore, Rajasthan.
----Respondents
(3 of 18) [CW-5663/2020]
S.B. Civil Writ Petition No. 3989/2020
Avnish Taparia S/o Mahesh Taparia, Aged About 20 Years, R/o 20
Raj Enclave Colony Pal Road Ashok Vihar, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. Assistant Registrar, Examination Section, Jai Narain Vyas
University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 3998/2020
Rakesh Kumar Parihar S/o Shri Champa Lal Parihar, Aged About
19 Years, R/o Village Magji Ki Gali, Mandore, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. Assistant Registrar, Examination Section, Jai Narain Vyas
University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 4140/2020
Opendra Singh S/o Late Shri Roop Singh, Aged About 17 Years,
Through His Mother Smt. Haru Kanwar W/o Late Shri Roop
Singh, Aged About 40 Years, R/o Tisingri Chouhan, Post Thob,
Tehsil Pachpadra, District Barmer, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. Assistant Registrar, Examination Section, Jai Narain Vyas
University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 4980/2020
Kanhaiya Lal S/o Shri Pukhraj, Aged About 19 Years, Hari Om
Market, Shiv Bhawan, Village And Tehsil Mathaniya, District
Jodhpur, Rajasthan.
(4 of 18) [CW-5663/2020]
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 4993/2020
Bharat Joping S/o Shri Tara Chand, Aged About 19 Years, R/o
Plot No. 161-B, Balaji Nagar, Pal Balaji, District Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Principal, Adarsh Mahavidhyalaya, Kamla Nehru Nagar,
2Nd Extension, 1St Pulia, Chopasni Road, Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5009/2020
Shikha Mishra D/o Shri Umesh Mishra, Aged About 23 Years, R/o
House No. 359, Ramdev Road, Rajat Nagar, Pali, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Principal, G.d. Memorial College, Sector 4, Kudi
Bhagtasani House Board, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5011/2020
Bhanwar Lal Beniwal S/o Shri Kesa Ram Beniwal, Aged About 19
Years, R/o At Present Residing At K-5, Bhagat Ki Kothi Extension
Scheme, Pali Road, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal, Shri Nakoda Parshvanath Jain Mahavidyalya,
Sector B, Saraswati Nagar, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5240/2020
(5 of 18) [CW-5663/2020]
Naveen Panwar S/o Shri Mahendra Kuldeep Panwar, Aged About
27 Years, R/o 114, Meera Nagar, Near Thar Public School,
Jhalamand Circle Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal, G. D. Memorial College, Sector 4, Kudi
Bhagtasani Housing Board, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5293/2020
Sanyogita D/o Shri Ram Vijay Singh Yadav, Aged About 19 Years,
R/o At Present Village Malwada Tehsil Raniwara District Jalore,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal, Veer Viramdev Government P.g. College, Jalore,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5347/2020
Ridhika Sain D/o Shri Kishan Sain, Aged About 20 Years, R/o
270, Sector J, Pratapnagar, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal, Mahila P.g. Mahavidhyalaya, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5360/2020
Hitesh Kumar Sharma S/o Shri Gopi Kishan Sharma, Aged About
20 Years, R/o Sindhi Colony, Nehru Nagar, Barmer, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal, Government College, First Puliya, Chopasani
Road, Jodhpur.
----Respondents
(6 of 18) [CW-5663/2020]
S.B. Civil Writ Petition No. 5430/2020
Jhumar Lal Tanwar S/o Shri Bansi Lal Tanwar, Aged About 40
Years, R/o Village Post Salori, Tehsil And District Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal Ashapurna Vidhi Mahavidhyalaya, Jalore,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5599/2020
Mamta Jain D/o Shri Futtar Mal, Aged About 45 Years, R/o
Hingad Mohalla, Main Bazar, Rani, District Pali, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal, Sajjan Law College, Pali, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5612/2020
Sonal Mehta D/o Shri Ashok Mehta, Aged About 38 Years, R/o A-
27, Kohinoor Garden Apartment New Sanganer Road, Sanganer,
Jaipur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal, Ashapurna Vidhi Mahavidhyalaya, Jalore,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5684/2020
Mahipal Singh Rathore S/o Shri Kishore Singh Rathore, Aged
About 17 Years, Through His Father Kishore Singh Rathore S/o
Shri Manohar Singh, Age About 40 Years, R/o Village Habchar, Po
Bamna Kalan, Tehsil Degana, District Nagaur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
(7 of 18) [CW-5663/2020]
2. Dean, Faculty Of Science, Jai Narain Vyas University,
Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 5686/2020
Kuldeep Singh S/o Shri Tej Singh Bhati, Aged About 25 Years,
R/o House No. 26, Meera Nagar, Near Hari Shabha Ashram,
Jhalamand, Jodhpur, Rajasthan
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Dean, Faculty Of Law, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 5687/2020
Rahul Saraswat S/o Shri Rajesh Saraswat, Aged About 19 Years,
R/o Flat No. 103, Mangaldeep Apartments, Shyam Nagar, Pal
Link Road, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Dean, Faculty Of Commerce And Management Studies, Jai
Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 5688/2020
Jasraj Singh S/o Shri Manohar Singh Rajpurohit, Aged About 19
Years, R/o Behind Shiv Mandir, Near Murgi Farm, Suthla,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Dean, Faculty Of Science, Jai Narain Vyas University,
Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 5694/2020
Jaya Dhaiya D/o Shri Jethu Singh, Aged About 22 Years, W/o
Shri Devi Singh, R/o Opposite Police Line, Laxmi Nagar, Barmer,
Rajasthan.
----Petitioner
(8 of 18) [CW-5663/2020]
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Principal, G.d. Memorial College, Sector 4, Kudi
Bhagtasani Housing Board, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5891/2020
Deepak Singh Tomar S/o Shri Ranveer Singh Tomar, Aged About
27 Years, R/o Ganesh Colony Bijai Nagar, Ajmer, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Dean, Faculty Of Law, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 5950/2020
Himanshu Panwar S/o Shri Ganpat Panwar, Aged About 22 Years,
R/o K-58, Near Mata Mandir, Pratap Nagar, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 7141/2020
Pushpendar S/o Shri Radhey Shyam, Aged About 19 Years, R/o
Gali No. 6, Ward No. 6, Gandhi Nagar, Barmer, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
----Respondent
S.B. Civil Writ Petition No. 7147/2020
Sunita D/o Shri Shera Ram, Aged About 19 Years, R/o 2/1909,
Kudi Bhagatasani Housing Board, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Director, Kamala Nehru College Of Women Studies, Jai
Narain Vyas University, Jodhpur.
(9 of 18) [CW-5663/2020]
----Respondents
S.B. Civil Writ Petition No. 7389/2020
Suhani Lohiya D/o Shri Suresh Kumar Lohiya, Aged About 19
Years, R/o House No. 642, Dilip Nagar, Lal Sagar, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Director, Kamala Nehru College Of Women Studies, Jai
Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 7613/2020
Vinita D/o Shri Prem Prakash, Aged About 25 Years, R/o House
No. 86, Ashok Nagar, Mahamandir, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Dean, Faculty Of Law, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 8885/2020
Mayank Sharma S/o Shri N. K. Dadhich, Aged About 17 Years,
Through His Natural Guardian Mother Dr. Jaya Dadhich W/o Shri
N. K. Dadhich, Age About 45 Years, R/o Village Post Bisalpur,
District Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Jodhpur Through Its
Registrar.
2. Dean, Faculty Of Law, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 9598/2020
Pradeep Singh Rajurohit S/o Shri Annraj Singh Rajpurohit, Aged
About 24 Years, R/o Rajendra Nagar, Jalore, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
(10 of 18) [CW-5663/2020]
2. Principal, Ashapurna Vidhi Mahavidhyalaya, Jalore,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 5691/2020
Ranjeet Singh S/o. Shri Ridamal Singh, aged about 21 years,
R/o. Shri Prabhu Niwas, Amarpura, Ward No.2, Tehsil Jasol,
District Barmer, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its
Registrar.
2. Principal, MBR Government PG College, Balotra, District
Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4979/2020
Deepak Singh Sisodia S/o. Shri Mahaveer Singh, aged about 19
years, R/o. CG-4, High Court Colony, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its
Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
For Petitioner(s) : Dr. Nikhil Jain, Mr. Nihar Jain
Mr. Yashpal Khileree, Mr. Anshul
Jakhar, Mr. Khet Singh,
Mr. Hukam Singh.
For Respondent(s) : Mr. Deepesh Beniwal
Mr. R.S. Mali
Mr. Prakash Choudhary
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
(11 of 18) [CW-5663/2020]
17/03/2021
1. In wake of onslaught of COVID-19, abundant caution is
being taken while hearing the matters in Court.
2. The present writ petitions are common to the extent that all
pertains to Jai Narain Vyas University, Jodhpur and the petitioners
herein are contesting their right to give their respective
examinations. Counsel for the petitioner submits that looking into
extreme hardship caused to students due to pandemic Covid-19,
an extra-ordinary situation has arisen leading to disturbance in
academic schedule, resulting into all of the students coming to this
Court for saving their academic year. Counsel for the petitioner
submits that they are students of B.Com, B.A., B.Sc., M.Sc., M.A.,
LLB and BBA LLB.
3. The basic contention of counsel for the petitioner is that due
to extreme pandemic condition lock-down, curfew/restriction, the
petitioners could not fill-in their examination form in time, thus,
were deprived of their right to appear in their respective exam and
upon approaching this Court, this Court permitted them to appear
in exam provisionally without creating any right in their favour.
Counsel for the petitioner submits that outcome of their appearing
in respective examination under the interim order is that they
ought to be given benefit of being promoted according to their
results. Counsel for the petitioner further submits that right to
education is a fundamental right even in higher education and any
deviation from academic year would result into extreme hardship
and disturbance to the career of petitioners.
Counsel for the petitioners have relied upon the following
judgments passed by this Court in :- Gulabchand Vs. University of
Jodhpur & Ors. (S.B. Civil Writ Petition No.1979/1984, decided on
(12 of 18) [CW-5663/2020]
18.01.1985); Smt. Neetu Choudhary Vs. State of Rajasthan & Ors.
(S.B. Civil Writ Petition No.6556/2005, decided on 01.12.2006);
Nitesh Kumar Goyal & Ors. Maharaja Ganga Singh University,
Bikaner & Ors.(D.B. Civil Special Appeal (W) No.244/2016,
decided on 25.05.2016); Niharika Tak Vs. The University of
Jodhpur (D.B. Civil Special Appeal No.72/1981, decided on
12.01.1983); Shilpi Lodha Vs. Registrar, National Law University
(S.B. Civil Writ Petition No.2354/2017, decided on 22.05.2017).
4. Counsel for the respondents opposed the writ petitions on
the count that as per Ordinance 82 R/w Ordinance 111, the fee
deposition schedule is prescribed alongwith late fee. Counsel for
the respondents relied upon the judgment of this Court in Ruchit
Ojha Vs. Jai Narain Vyas University, Jodhpur & Anr., (S.B.
Civil Writ Petition No.4990/2020, decided on 02.03.2021),
relevant portion whereof reads as follows :-
"7. Learned counsel tried to justify filing of the
subsequent/present petition by arguing that since the University
itself has decided to promote the students to next class, the
petitioner had preferred the writ petition in a bid to avail such
opportunity.
8. In considered opinion of this Court, the notification dated
20.6.2020 nowhere requires any application form to be filled-in
by the student.
9. The petitioner's right of submitting application form has
earlier been adjudicated and decided by this Court. The writ
petition was withdrawn when this Court was not inclined to grant
any indulgence to the petitioner.
10. In earlier writ petition, the petitioner had sought an interim
direction to allow him to sit in the examination of II year when
one paper was already over and petitioner had not even filled the
examination form.
11. In the facts of the present case filing of fresh petition is a clear
abuse of the process.
(13 of 18) [CW-5663/2020]
12. The writ petition is therefore, dismissed, however, without any
cost, considering that petitioner is a student."
5. Counsel for the petitioner submits that the judgment of
Ruchit Ojha (supra) is not applicable to the case in hand as the
reason in the petition included multiplicity of petitions whereas in
the present case no such multiple petitions have been reported.
6. Upon hearing counsel for the parties at length and perusing
record, this Court requested Mr. Deepesh Beniwal, Advocate for
University to assist the Court by providing details in the form of
tabular chart prescribing inter-alia of the stream/class of the
students, date of registration, date of interim order, last date of
submission of examination form, date of commencement of
examination and date on which forms were filled by the students.
Mr. Beniwal after considerable exercise has brought in all the
details in a systematic chart, which needs to be reproduced to
understand whole controversy and is annexed herewith as
Annex.A.
7. After hearing counsel for the parties and perusing
aforementioned chart as well as other documents, this Court is of
the opinion that the petitioners can be classified in two
categories :- - (1) firstly the students who got interim order in
their favour before the date of commencement of examination and
(2) secondly the students who approached this Court after the
date of commencement of examination.
8. The aforementioned chart clearly reflects that the writ
petitions at Sr. No.38, 48, 50, 54, 55, 56, 58, 61, 62, 67, 68 and
69 are those students who approached the Court before the date
of commencement of examination.
(14 of 18) [CW-5663/2020]
This Court is conscious of the fact that due to extreme covid
conditions, UGC, State Government and the University were
consistently revising their guidelines as per requirement of
pandemic times.
9. The question whether the examination has to happen or not
is a question which is to be decided by Expert Body and this Court
does not wish to delve into the issue. The limited zone of
intervention as sought by petitioners is as to whether they have
deposited fees and sat in examination before the date of
commencement of examination or if they have filled the
examination form even after the date of commencement of exam.
However, in the chart provided, most of the examinations were
prior to the date of cancellation of examination i.e. 19.03.2020
and the University took decision to postpone the examination on
19.03.2020, in which, all exams after 20.03.2020 were directed to
be postponed and were directed to be scheduled in future as per
policy of UGC/State Government & University.
10. On perusal of chart, this Court finds that all the examinations
except two in these matters took place before 19.03.2020. This
Court is also aware of the fact that the Hon`ble Vice-Chancellor of
the University exercised his emergent powers under Rule 12(5) to
relax the date schedule of submission of examination form beyond
the limit prescribed under the Ordinance. Interim orders are
operating in all these matters and the petitioners are pursuing
their respective Courses in accordance with the interim order
passed by this Court. This Court has full sympathy with all the
students before it but certainly sympathy cannot extend to a
(15 of 18) [CW-5663/2020]
positive order unless the petitioner himself was aware, awake and
conscious to his academic schedule, particularly, the examination
schedule.
This Court, thus, finds itself unable to intervene in favour of
students, who did not fill examination form even when date of first
examination was over and the first examination was over before
decision of postponement of examination. However, those
students who were aware and awake of their academic schedule,
though, running late and took the Course and approached this
Court before the date of commencement of examination and have
appeared in pursuance of interim order passed by this Court ought
to be protected as they shall complete their schedule for academic
examination.
11. For the students who have approached this Court before the
commencement of examination and have given their their
examination in pursuance of interim order passed by this Court
needs to be protected because it is only administrative decision
regarding fees, which the student has to overcome and it not a
decision which would affect merits of students or the academic
curriculum of the University. However, the benefit cannot be
extended to the students whose first examination took place and
thereafter they approached this Court for continuance of
examination scheduled for them, though, they also got interim
order in their favour. Thus, all these writ petitions are disposed of
while allowing writ petitions No.3446/2020, 5009/2020,
5240/2020, 5430/2020, 5599/2020, 5612/2020, 5686/2020,
5694/2020, 5891/2020, 7613/2020, 8885/2020, 9598/2020 (Sr.
Nos. 38, 48, 50, 54, 55, 56, 58, 61, 62, 67, 68 and 69) as these
(16 of 18) [CW-5663/2020]
students approached this Court and were protected by this Court
by interim order before the date of commencement of examination
and before the examination actually took place and their
respective results shall be declared by the University and they
shall be promoted to the next academic session while treating
them as having filled-in the examination fee in time.
12. The writ petitions no.5663/2020, 3816/2020, 3851/2020,
3852/2020, 3860/2020, 3989/2020, 3998/2020, 4140/2020,
4979/2020, 4980/2020, 4993/2020, 5011/2020, 5293/2020,
5347/2020, 5360/2020, 5684/2020, 5687/2020, 5688/2020,
5691/2020, 5950/2020, 7147/2020, 7389/2020, 5691/2020,
4979/2020 (Sr. Nos.37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49,
51, 52, 53, 57, 59, 60, 63, 65, 66, Sr.No.1 supp. list & Sr. No.2
supp. list) are dismissed because the petitioners therein
approached this Court after the date of commencement of
examination and did not give the first examination. The counsel
for the respondent informed us that even fresh scheduled
examination excludes the first paper which was pre 19.03.2020.
Thus, for rest of the papers the examination shall be conducted
and the students will be governed by the decision taken by the
University. The examination fees submitted by the petitioners
shall be adjusted against the future examination form only and if
the student filled the form for the coming academic year.
13. The precedent law cited by both the parties have been taken
into consideration. The application for declaration of result stands
disposed of accordingly. The stay petitions also stands disposed of
accordingly.
(17 of 18) [CW-5663/2020]
SBCWP No.7141/2020 (Sr. No.64) :
As far as writ petition no.7141/2020 is concerned, though,
the petitioner approached this Court after first examination and
had an interim order dated 13.08.2020 in his favour whereas the
first paper took place on 16.03.2020 but he admittedly filled his
form on 13.01.2020, which is much before the first paper,
therefore, his writ petition is allowed in the same terms as that of
writ petition no.3446/2020.
(DR. PUSHPENDRA SINGH BHATI),J.
37-69 plus
Sr. No.1 & 2 of supp. Sanjay-Nirmala/-
(18 of 18) [CW-5663/2020]
ANNEX. A
Last date of
Date of Date of
Date of submission of Forms Result of the
S.No. Writ petition no. and Title Stream / Class Interim Commencement
Registration examination filled on candidate
Order of examination
form
37. C.W. 5663/2020 KAUSHAL MUTHA B.Com Part-I 21.07.20 22.07.20 07.02.2020 16.03.2020 31.07.2020 ____
V/S JNVU, JODHPUR (P)
38. C.W. 3446/2020 MUSKAN RAJPUROHIT B.Com Part-I 03.03.20 05.03.20 07.02.2020 17.03.2020 07.03.2020 ___
V/S JNVU, JODHPUR
39. C.W. 3816/2020 SWARUP JANGID B.Com Final 17.03.20 18.03.20 07.02.2020 18.03.2020 07.03.2020 ___
V/S JNVU, JODHPUR
40. C.W. 3851/2020 SARASVATI B.A. Part-I (R) 17.03.20 18.03.20 07.02.2020 12.03.2020 ------ ___
V/S JNVU, JODHPUR
41. C.W. 3852/2020 MANISHA SHARMA B.Com Part-II 17.03.20 18.03.20 07.02.2020 17.03.2020 19.03.2020 ___
V/S JNVU, JODHPUR (R)
42. C.W. 3860/2020 SURYA PRAKASH B.Sc Part-II 17.03.20 18.03.20 07.02.2020 17.03.2020 19.03.2020 ___
CHOUDHARY
V/S JNVU, JODHPUR
43. C.W. 3989/2020 AVNISH TAPARIA B.Com Final 19.03.20 30.06.20 07.02.2020 18.03.2020 02.07.2020 SUPP.
V/S JNVU, JODHPUR
44. C.W. 3998/2020 RAKESH KUMAR B.Sc. Part-I 20.03.20 29.06.20 07.02.2020 14.03.2020 08.07.2020 ___
PARIHAR
V/S JNVU, JODHPUR
45. C.W. 4140/2020 OPENDRA SINGH B.A. Part-I (R) 03.04.20 29.06.20 07.02.2020 12.03.2020 11.07.2020 ___
V/S JNVU, JODHPUR
46. C.W. 4980/2020 KANHAIYA LAL B.A. Part-II (R) 29.06.20 30.06.20 07.02.2020 13.03.2020 02.07.2020 ___
V/S JNVU, JODHPUR
47. C.W. 4993/2020 BHARAT JOPING B.A. Part-II (R) 29.06.20 30.06.20 07.02.2020 13.03.2020 02.07.2020 ___
V/S JNVU, JODHPUR
48. C.W. 5009/2020 SHIKHA MISHRA M.Sc. (Prev.) 29.06.20 30.06.20 06.03.2020 TIME TABLE 07.07.2020 ___
V/S JNVU, JODHPUR, (Chem.) (R) NOT
DECLARED
49. C.W. 5011/2020 BHANWAR LAL B.Sc. Part-II 29.06.20 01.07.20 07.02.2020 17.03.2020 06.07.2020 ___
BENIWAL (R)
V/S JNVU, JODHPUR,
50. C.W. 5240/2020 NAVEEN PANWAR M.A. (Prev.) 03.07.20 22.07.20 06.03.2020 08.04.2020 31.07.2020 ___
V/S JNVU, JODHPUR (Eng.Lit.) (R)
51. C.W. 5293/2020 SANYOGITA B.Sc.Part-I (R) 04.07. 20 23.07.20 07.02.2020 17.03.2020 21.07.2020 ___
V/S JNVU, JODHPUR
52. C.W. 5347/2020 RIDHIKA SAIN B.Com Final 06.07.20 22.07.20 07.02.2020 18.03.2020 31.07.2020 SUPP.
V/S JNVU, JODHPUR
53. C.W. 5360/2020 HITESH KUMAR B.A. Final (R) 06.07.20 22.07.20 07.02.2020 12.03.2020 31.07.2020 FAIL
SHARMA
V/S JNVU, JODHPUR
54. C.W. 5430/2020 JHUMAR LAL TANWAR LLB Part-I (R) 07.07.20 23.07.20 07.02.2020 20.11.2020 31.07.2020 ___
V/S JNVU, JODHPUR
55. C.W. 5599/2020 MAMTA JAIN LLB Part-I (R) 20.07.20 22.07.20 07.02.2020 20.11.2020 31.07.2020 ___
V/S JNVU, JODHPUR
56. C.W. 5612/2020 SONAL MEHTA LLB Part-II (R) 21.07.20 22.07.20 07.02.2020 16.01.2021 31.07.2020 ___
V/S JNVU, JODHPUR
57. C.W. 5684/2020 MAHIPAL SINGH B.Sc. Part-II 21.07.20 22.07.20 07.02.2020 17.03.2020 30.07.2020 ___
RATHORE (R)
V/S JNVU, JODHPUR
58. C.W. 5686/2020 KULDEEP SINGH LLB Part-II (R) 21.07.20 22.07.20 07.02.2020 16.01.2021 31.07.2020 ___
V/S JNVU, JODHPUR
59. C.W. 5687/2020 RAHUL SARASWAT B.Com Part-II 21.07.20 22.07.20 07.02.2020 17.03.2020 31.07.2020 ___
V/S JNVU, JODHPUR
60. C.W. 5688/2020 JASRAJ SINGH B.Sc. Part-I 21.07.20 22.07.20 07.02.2020 14.03.2020 31.07.2020 ___
V/S JNVU, JODHPUR
61. C.W. 5694/2020 JAYA DHAIYA M.Sc. (Prev.) 21.07.20 22.07.20 06.03.2020 TIME TABLE 31.07.2020 ___
V/S JNVU, JODHPUR (Zool) (R) NOT
DECLARED
62. C.W. 5891/2020 DEEPAK SINGH LLB Part-I (R) 23.07.20 24.07.20 07.02.2020 20.11.2020 06.08.2020 ___
TOMAR
V/S JNVU, JODHPUR
63. C.W. 5950/2020 HIMANSHU PANWAR B.Com Part-II 24.07.20 24.07.20 07.02.2020 17.03.2020 13.10.2020 ___
V/S JNVU, JODHPUR
64. C.W. 7141/2020 PUSHPENDAR B.Com Part-I 11.08.20 13.08.20 07.02.2020 16.03.2020 13.01.2020 ___
V/S JNVU, JODHPUR
65. C.W. 7147/2020 SUNITA B.A. Part-I 11.08.20 13.08.20 07.02.2020 12.03.2020 11.08.2020 ___
V/S JNVU, JODHPUR
66. C.W. 7389/2020 SUHANI LOHIYA B.Com Part-I 17.08.20 19.08.20 07.02.2020 16.03.2020 ------- ___
V/S JNVU, JODHPUR
67. C.W. 7613/2020 VINITA LLB Part-II 21.08.20 24.08.20 07.02.2020 16.01.2021 ------- ___
V/S JNVU, JODHPUR
68. C.W. 8885/2020 MAYANK SHARMA BBA LLB 08.09.20 10.09.20 25.09.2020 --------- 15.10.2020 ___
V/S JNVU, JODHPUR IInd Sem.
69. C.W. 9598/2020 PRADEEP SINGH LLB Part-I 18.09.20 28.09.20 07.02.2020 20.11.2020 10.10.2020 ___
RAJUROHIT
V/S JNVU, JODHPUR
1. C.W. 5691/2020 RANJEET SINGH B.A. Final 21.07.20 22.07.20 07.02.2020 12.03.2020 31.07.2020 SUPP.
(Supp.) V/S JNVU, JODHPUR
2. C.W. 4979/2020 DEEPAK SINGH B.Com Part-II 29.06.20 30.06.20 07.02.2020 17.03.2020 07.02.2020 ___
(Supp) SISODIA
V/S JNVU, JODHPUR
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