Indrapal Choudhary vs Mbm University
2023 Latest Caselaw 709 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 780/2023

Indrapal Choudhary S/o Sh. Shrawan Ji, Aged About 20 Years, R/ o.Ward No. 16, Indra Colony, Chomu, Jaipur, At Present Student Of Third Year (Production And Industrial Engineering), Mbm University, Jodhpur.

----Petitioner Versus

1. Mbm University, Through Registrar, Air Force Area, Jodhpur, Rajasthan.

2. The Vice Chancellor, Mbm University, Air Force Area, Jodhpur, Rajasthan.

3. The Chief Proctor Office Of The Chief Proctor, Mbm University, Air Force Area, Jodhpur, Rajasthan.

4. The Controller Of Examination, Examination Cell, Mbm University, Air Force Area, Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Falgun Buch & Mr. Gopal Krishna Chhangani

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

18/01/2023

It is submitted by learned counsel for the petitioner that on

account of an incident, which happened on 01.11.2022, an FIR

was lodged by the complainant, which does not

indicate petitioner's name, however, on notice being given by the

Chief Proctor, the petitioner appeared before the Chief

Proctor, whereafter, again a second notice was issued to certain

students including petitioner.

However, by order dated 16.12.2022 (Annex.5), the

petitioner along with the other students, has been rusticated for

(2 of 2) [CW-780/2023]

the First semester of 2022-23 and though the petitioner is student

of III year, he is not being permitted for examination.

Submissions have been made that besides the fact that

apology of the petitioner was apparently accepted by

the University, the students have entered into a settlement also

and therefore, the petitioner be permitted to appear in

the examination subject to the final outcome of the present writ

petition.

In view of the submissions made, issue notice. Issue notice

of stay application also. Both are made returnable within a period

of four weeks.

Notices, when issued, be given 'dasti' to learned counsel for

the petitioner.

In the meanwhile and till further orders, the respondent-

University would permit the petitioner to appear in the balance

papers of B.E. III year (Vth semester) Examination, 2023.

However, the petitioner's appearance would be subject to the

final outcome of the present writ petition.

Connect with SBCWP No.717/2023.

(VINIT KUMAR MATHUR),J 199-SanjayS/-

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