Rajasthan High Court - Jodhpur
Shera Ram Choudhary vs The Rajasthan University Of ... on 25 November, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15386/2022
Shera Ram Choudhary S/o Shri Panna Lal Choudhary, Aged
About 28 Years, R/o 6B/25, K.k. Colony Basni, 1St Phase,
Jodhpur - 342005 (Raj.).
----Petitioner
Versus
1. The Rajasthan University Of Health Sciences, Jaipur
Through Its Registrar, Sector - 18, Kumbha Marg, Pratap
Nagar, Tonk Road, Jaipur (Raj.).
2. Controller Of Examination, Rajasthan University Of Health
Sciences, Jaipur, Sector 18, Kumbha Marg, Pratap Nagar,
Tonk Road, Jaipur, Rajasthan.
3. G.d. Memorial College Of Pharmacy, Jodhpur Through Its
Registrar, Sector-4, Kudi Bhagtasni Housing Board,
Jodhpur, Rajasthan 342005.
----Respondents
For Petitioner(s) : Mr. Hukam Singh
For Respondent(s) : Dr. Mohit Singhvi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/11/2022
This writ petition is filed by the petitioner, who is
perusing B.Pharma Course, being aggrieved with the
action of the respondents of not providing him additional
chance to clear all the papers of the said examination.
The respondents have refused to allow the petitioner
to appear in the aforesaid examination on the ground
that he has failed to complete the course within a period
(2 of 3) [CW-15386/2022]
of eight years from the date of admission and as per the
Ordinance of the University, no further chance can be
granted to him.
Learned counsel for the respondents has argued that
the controversy raised in this writ petition is no more res
integra and a Co-ordinate Bench of this Court has already
taken a view that if a student persuing B.Pharma Course
has failed to complete his course within eight years from
the date of admission, no further chance can be granted
to him. It is further submitted that the Division Bench has
already affirmed the view taken by the Coordinate Bench
of this Court.
Learned counsel for the respondents has placed
reliance on a judgment dated 11.11.2022 passed by the
Division Bench of this Court at Jaipur rendered in the
case of Yogendra Vs. Rajasthan University of Health
Sciences & Ors. - DBSAW No.1188/2022, wherein
the Division Bench has held as under :
"13. In view of the above facts and
circumstances, it is evident that the examination
of each year of the above course were held timely
but even then despite sufficient latitude, the
petitioner-appellants were unable to successfully
clear the course even upto April 2022 and as
such, were rightly denied to participate or write
the subsequent examination in view of the above
Ordinance.
14. The facts as narrated above, clearly indicate
that there is no violation of any statutory
(3 of 3) [CW-15386/2022]
provision on part of the University in taking the
above action and since the matter of participation
in the examination is purely an academic matter
within the domain of the University, the court
shall ordinarily remain away from such matters
as it does not sits in appeal over the opinion
expressed by the academic bodies.
15. In view of the above, we are of the opinion
that the learned Single Judge has not committed
any mistake in refusing to exercise its jurisdiction
and in dismissing the writ petitions filed by the
petitioner-appellants."
Learned counsel for the petitioner is not in a position
to dispute the fact that similar controversy has already
been decided upto the Division Bench of this Court.
In view of the above, this writ petition being devoid
of merit is hereby dismissed.
Stay petition is also dismissed.
(VIJAY BISHNOI),J
190-msrathor-
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