Dismissed

Tushar Tiwari v. the Registrar, Dr. Sarvepalli Radhakrishnana Raj. Ayurvedic University

Rajasthan HC4 Mar 2021CW/2538/2021

Case brief

AI extract

What is this about?

Petitioner challenged temporary debarment from examination alleging discriminatory application of rules and unfair differential treatment compared to a co-student. Court upheld university order after finding material relevant to cheating charges existed.

What did the court decide?

Writ petition and stay petition dismissed upholding university order of temporary debarment.

Tushar Tiwari Vs the Registrar, Dr. Sarvepalli… — Service and Employment | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2538/2021

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Tushar Tiwari S/o Shri R. D. Tiwari, Aged About 23 Years, B/c Brahmin, R/o House No. 11-A-8, Mahaveer Nagar 3Rd, Anandpura @ Phoota Talab, Kota (Rajasthan) (Enrolment No. Dr. SRRAU/2016/0032)

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----Petitioner

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Versus

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The Registrar, Dr. Sarvepalli Radhakrishnana Raj. Ayurvedic University, (Dr. S.R.A.U.), Nagaur Road, Karwar Jodhpur(Rajasthan)

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The Controller Of Examination Dr. Sarvepalli Radhakrishnana Rajasthan Ayurvedic University, (Dr. S. R. A.U.), Nagaur Road, Karwar , Jodhpur (Rajasthan)

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The Principal, Shekhawati Ayurved Medical College, Pilani, District Jhunjhunu (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr. Chaturbhuj For Respondent(s) : Mr. Sandeep Bhandawat

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/03/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The main submission of learned counsel for the petitioner is that vide order dated 30.01.2021 (Annexure-3), when the consideration for punishing the students for using unlawful means was being considered at that juncture. The debarring order dated 30.01.2021 treated the five students facing allegations differently.

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Learned counsel for the petitioner has pointed out that the petitioner Tushar Tiwari and other students namely Naresh Kumar,

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(2 of 2) [CW-2538/2021]

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Suresh Kumar and Khushi Ram have been subjected to cancellation of examination in the concerned subject and allowing them to appear in the same subject in June, 2021. He further pointed out that for the same charges, one Manoj Kumar Gurjar though has been punished with cancellation of examination, but has been allowed to appear in the same subject examination in February, 2021.

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Learned counsel for the respondents has produced the record, in which, it is demarcated that the student Manoj Kumar Gurjar had material, which was not related to the subject and the paper and was not used in the examination in question whereas the record reflects that such material was relevant for the other students and was used during the examination.

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This Court, after perusal of such record, is of the opinion that the temporary debarment for using unlawful means has been correctly passed by the University and no cause of interference by this Court in the writ jurisdiction is made out.

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Consequently, the present writ petition is dismissed. Stay petition also stands dismissed.

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(DR.PUSHPENDRA SINGH BHATI),J.

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197-Zeeshan

Tushar Tiwari v. the Registrar, Dr. Sarvepalli Radhakrishnana Raj. Ayurvedic University

Case brief

What is this about?

What did the court decide?

Tushar Tiwari v. the Registrar, Dr. Sarvepalli Radhakrishnana Raj. Ayurvedic University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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