Devendra Kumar Rajoria S/O Shri ... vs The Rajasthan University Of ...
2022 Latest Caselaw 7294 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Special Appeal Writ No. 1219/2022

Devendra Kumar Rajoria S/o Shri Rajendra Prasad Rajoria, Aged
About 25 Years, R/o Near Govt. School, Ward No. 3, Jaitusar,
Tehsil Khandela, District Sikar.
                                                                   ----Appellant
                                   Versus
1.     The Rajasthan University Of Health And Science, Sector
       18,kumbha      Marg,      Pratap       Nagar,       Tonk   Road,   Jaipur
       Through Its Registrar.
2.     The Controller Of Examination, Rajasthan University Of
       Health And Science, Sector 18, Kumbha Marg, Pratap
       Nagar, Tonk Road, Jaipur.
3.     The Rajasthan College Of Nursing, Nawalgarh Road, Sikar
       Through Its Principal.
                                                                ----Respondents

For Appellant(s) : Mr. Sultan Singh Kuri

For Respondent(s) : Mr. Virendra Lodha, Sr. Advocate with Mr. Rachit Sharma

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

16/11/2022

This Special Appeal is filed by the petitioner-appellant

being aggrieved with the order dated 9.11.2022 passed in

SBCWP No.15696/2022, whereby the learned Single Judge

has dismissed the writ petition filed by the petitioner-

appellant along with other connected matters while taking

into consideration the fact that as per the Ordinance 299-V-

10, a candidate is required to complete the B.Sc. (Nursing)

(2 of 3) [SAW-1219/2022]

Course within a period of eight years from the date of

admission. It is also observed by the learned Single Judge

that since the petitioner-appellant has not cleared all the

papers of the above-referred course within a period of eight

years, no further chance can be granted to him to appear in

any examination.

Learned counsel for the appellant has submitted that

since the appellant has cleared all the papers of the aforesaid

examination except one, he may be granted one last mercy

chance to appear in the said examination.

Learned counsel for the respondent-university has

opposed the request made by learned counsel for the

appellant and submitted that after passing of the impugned

order by the learned Single Judge, a Division Bench of this

Court has also ruled that the candidates, who have not

cleared all the papers within eight years from the date of

admission, as per the provisions of Ordinance 299-V-10, no

further chance can be granted to them to appear in the said

examination for clearing any paper, which has not been

cleared earlier.

Learned counsel for the respondent-university has

placed reliance on the order dated 11.11.2022 passed by the

Division Bench of this Court in DBSAW No.1188/2022 -

Yogendra Vs. Rajasthan University of Health Sciences

and Ors.

Having heard learned counsel for the parties and taking

into consideration the fact that a Coordinate Bench of this

Court in Yogendra's case (supra) has already taken a view

that no further chance can be granted to the candidates, who

(3 of 3) [SAW-1219/2022]

have failed to clear all the papers of the B.Sc. (Nursing)

Course Examination within a period of eight years from the

date of admission, no further chance can be granted to them

to appear in the above-referred examination, we are not

inclined to interfere in the impugned order passed by the

learned Single Judge.

Hence, this Special Appeal being bereft of any force is

hereby dismissed.

Stay petition is also dismissed.

(VINOD KUMAR BHARWANI),J (VIJAY BISHNOI),J

87 ms rathore

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