Allowed

Smriti Shukla v. University of Raj and Anr.

Rajasthan HC1 May 2015CW/8367/2014

Case brief

AI extract

What is this about?

Held that the petitioner was eligible for a 'mercy chance' based on a University letter dated 21.8.2014. The writ petition was allowed, directing the University to declare the result of the petitioner's examinations under the provisional order.

What did the court decide?

Directed the respondent University to declare the result of the petitioner's two back papers examination 2014 subject to payment of any outstanding examination fee or penalty.

Counsel appearing for the petitioner submits that the petitioner is a student of M.Sc. (IT)- two years course which is spread over four Semesters. It has been submitted that the petitioner has passed I, II and IV Semester. However a couple of back papers in Semester III remained.

The issue in the writ petition is with regard to the eligibility of the petitioner to write two back papers of M.Sc. (IT) III Semester i.e (i) E- Commerce Technologies and (ii) Simulations and Modeling for reason of her already having availed the three chances in the said papers as permissible under the University Regulations and Ordinances.

Of the petitioner approaching this Court, vide an ad-interim order dated 24.7.2014 she was allowed to write the two back papers of M.Sc. (IT) III Semester on a provisional basis. It is not in dispute that

under the governing University of Rajasthan Ordinances and Regulations the petitioner was earlier allowed three chances in the back papers of III Semester of M.Sc. (IT) as detailed here-in-above. But she failed to clear the aforesaid two back-papers despite three attempts.

It appears that the University under its letter dated 21.8.2014 i.e subsequent to the ad-interim order dated 24.7.2014 passed by this Court informed the Principal of the petitioner's College that students with back- papers inter-alia in M.Sc. (IT) would be allowed a 'mercy chance' to attempt passing the failed papers.

A question was in the circumstances put to the counsel for the respondent University Mr. Abhishek Sharma as to how in view of the letter dated 21.8.2014 under the hand of the Controller of Examination, University of Rajasthan, Jaipur to the Principal of Poddar International College, Shipra Path, Mansarovar, Jaipur where the petitioner is a student allowing for 'mercy chance' in any paper under any Semester of M.Sc. (IT), M.C.A & M.B.A, the ad-interim order dated 24.7.2015 passed by this Court should not be confirmed and the writ petition be disposed of accordingly. Mr. Sharma on instructions states that the letter dated 21.8.2014 referred to above indeed related inter-alia to M.Sc. (IT), M.C.A & M.B.A. permitting failed students 'mercy chance'.

In this view of the matter, I am inclined to allow this writ petition. It is so allowed and the respondent University is directed to declare the result of the petitioner of the two back papers in M.Sc. (IT) III Semester examination 2014 written under the ad-interim order dated 24.7.2014 passed by this Court subject to payment of any outstanding examination fee / penalty.

Smriti Shukla v. University of Raj and Anr.

Case brief

What is this about?

What did the court decide?

Smriti Shukla v. University of Raj and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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