Rajesh Kumar vs The Registrar General
2022 Latest Caselaw 9038 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 111/2022

Rajesh Kumar S/o Shri Ramshwaroop Ji, Aged About 25 Years, R/o V.p.o Sawantsar, Tehsil Shri Dungargarh District Bikaner.

----Appellant Versus

1. The Registrar General, Dr. S.r. Rajasthan Ayurved University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

2. The Controller Of Examination, Dr. S.r. Rajasthan Ayurveda University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

3. The Principal, Kala Ashram Ayurved Medical College And Hospital Nhw-27, Dholighati, Village- Bansada, Tehsil- Gogunda, District- Udaipur (Rajasthan).

4. Narpat Solanki S/o Shri Hari Ram, Aged About 25 Years, R/o Maliyon Ka Vas, Ratanpura, Jalore, Chitalwana, Rajasthan.

----Respondents Connected With D.B. Spl. Appl. Writ No. 128/2022 Rajendra Prasad Chopara S/o Goverdhan Lal Chopara, Aged About 25 Years, By Caste Chopra, R/o Singod Khurd, Singod Khurd Jaipur Churu Rajasthan.

----Appellant Versus

1. The Registrar, Dr. S.r. Rajasthan Ayurved University (Dr.

S.r.a.u.), Karwar, Nagaur Road, Jodhpur, Rajasthan.

2. The Controller Of Examination, Dr. Dr. S.r. Rajasthan Ayurveda University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

3. The Principal, Kala Ashram Ayurved Medical College And Hospital Nhw-27, Dholighat, Village- Bansada, Tehsil- Gogunda, District- Udaipur (Rajasthan).

----Respondents D.B. Spl. Appl. Writ No. 129/2022

1. Mahima Patel S/o Shri Laxman Singh, Aged About 24 Years, By Caste Patel, R/o 7/270, Mahima Bhawan,

(2 of 4) [SAW-111/2022]

Khandu Colony, Banswara (Rajasthan).

2. Mahesh Kumar Yadav S/o Shri Kana Ram Yadav, Aged About 24 Years, By Caste Yadav, R/o Bai Ka Bas, Kaladera Chomu, Jaipur (Rajasthan).

----Appellants Versus

1. The Registrar, Dr. S.r. Rajasthan Ayurved University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

2. The Controller Of Examination, Dr. Dr. S.r. Rajasthan Ayurved University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

3. The Principal, Kala Ashram Ayurved Medical College And Hospital Nhw-27, Dholighati, Village Bansada, Tehsil Gogunda, District Udaipur (Rajasthan).

4. Chawla Rahul Bhai S/o Shri Manohar Bai, Aged About 22 Years, By Caste Chawla, R/o 296, Santosh Villa, Dak Bangala Road, Vpo And Tehsil Todgarh, Ajmer (Rajasthan).

----Respondents

For Appellant(s) : Mr. Nitin Goklani Mr. Bhavit Sharma Mr. Rameshwar Chhangani Mr. Chaturbuj For Respondent(s) : Mr. Suneil Purohit Mr. Shreyansh Bhandawat

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

12/07/2022

These intra-court appeals are directed against the common

order dated 21.01.2022 whereby, the writ petitions preferred by

the appellants herein for seeking a direction against the

respondent University to permit them to appear in the 4th Year

(3 of 4) [SAW-111/2022]

BAMS (Final Professional) Examination Course of BAMS were

rejected.

We have heard and considered the submissions advanced at

bar and have gone through the material available on record.

The short issue which is involved for consideration of this

Court is that whether the petitioners have completed the period of

18 months in the 4th year as required by the regulations so as to

make them entitled to appear in the final year examination. It

may be stated here that the petitioners have set up a pertinent

case in the writ petitions that they had been admitted into the 4 th

year course from February, 2020 and thus, the mandatory period

of 18 months has been completed by them with a comfortable

margin. It is an admitted position that the petitioners have already

appeared in the 4th year final examination but the result is not

being declared because of the decision taken by the college that

the petitioners-appellants were not entitled to appear in the final

year examination on account of the period of 18 months not

having been completed/attendance falling short.

During the course of arguments, learned counsel Shri Suneil

Purohit representing the respondent Dr. S.R. Rajasthan Ayurved

University, candidly conceded that the university does not have

any objection to the result of the petitioners being declared

because as per its record, the appellants-petitioners have

completed 18 months' period in the 4th year with the requisite

attendance in keeping with the COVID-19 exemptions. The only

objection which was forthcoming against the relief sought for by

(4 of 4) [SAW-111/2022]

the appellants was on part of the respondent No.3 Kala Ashram

Ayurved Medical College and Hospital.

Learned counsel for the appellants urged that this malafide

objection is coming forthwith at the instance of College Principal

who is fueled with the greed to extract more fees because if the

appellants are not allowed to complete the 4 th year course now,

they would have to get re-admitted in a fresh session and

consequently, the college would be enriched by the double tuition

fee.

In view of the facts noted above and as the undisputed

position as emanating from record reveals that the tenure of all

the appellants-writ petitioners in the 4th year started from the

month of February, 2020 which fact is manifested from the

attendance sheets shown to the Court during the course of

arguments. We are of the view that the observations made at Para

No.12 of the impugned order in the writ petition appears to be

factually incorrect and hence, the learned Single Bench was not

justified in denying the relief sought for by the petitioners.

Consequently, the impugned order dated 21.01.2022 is

reversed. The respondent university is directed to forthwith

declare the result of the appellants. The appeals are allowed in

these terms. No order as to costs.

(KULDEEP MATHUR),J (SANDEEP MEHTA),J 101-Sudhir Asopa/Divya/-

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