Allowed

Chimna Ram Solanki v. Jai Narain Vyas University, Jodhpur

Rajasthan HC7 Dec 2021CW/2942/2019

Case brief

AI extract

What is this about?

This order allowed a writ petition seeking directions to the university to consider internal assessment marks forwarded by a college, thereby declaring the petitioner eligible for a B.Ed. degree by publishing a fresh result.

What did the court decide?

Directions to the respondent University to consider the college's internal assessment marks and publish the petitioner's fresh result within three months.

Chimna Ram Solanki Vs Jai Narain Vyas University… — Education and Admissions | Rajasthan HC (2021)

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(1 of 3)

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[CW-2942/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2942/2019

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Chimna Ram Solanki S/o Kalu Ram, Aged About 24 Years, Chandala Ki Dhani, Bhopalgarh, Dist. Jodhpur.

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----Petitioner

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Versus

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Jai Narain Vyas University, Jodhpur, Through Registrar, Jodhpur.

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The Registrar, Jai Narain Vyas University, Jodhpur.

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The Principal, Shri Parsaram Maderna Rajkiya Mahavidyalay, Bhopalgarh, Jodhpur.

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The Incharge, B. Ed. Course, Shri Parsaram Maderna Rajkiya Mahavidyalay, Bhopalgarh, Jodhpur.

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----Respondents

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For Petitioner(s) : Ms. Deepika Purohit. For Respondent(s) : Mr. BL Tiwari.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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07/12/2021

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The petitioner has preferred this petition claiming the following relief;

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“It is, therefore, humbly prayed that by an appropriate writ order or direction, the instant writ petition may kindly be allowed and the communication dated 12.12.2018 (Ann.-13) and 24.12.2018 (Ann.-14) may kindly be quashed and set aside.

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By an appropriate writ, order or direction the respondents may be directed to include the marks of final assessment examination in the result and issue a correct amended mark sheet in favour of the petitioner.”

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(2 of 3)

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[CW-2942/2019]

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Learned counsel for the petitioner submits that the petitioner after acquiring the Graduation Degree has applied for Pre-Teacher Education Test-2015 and was declared successful and thus, took admission in B.Ed. course and was allotted the Government College, which is respondent No.3.

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Learned counsel for the petitioner further submits that the petitioner appeared in the written examination between 30.08.2016 to 26.09.2016 and the result was declared on 25.03.2017, whereby petitioner obtained 699 marks out of 1000 marks. The petitioner who are eligible to get admission in B.Ed IInd year and take the examination, but he became ill, and thus, could not undertake the two examinations, which were having internal assessment.

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Learned counsel for the respondent-Government College submits that the petitioner was given special permission and the petitioner undertook the two internal assessment examinations and marks were sent, but are not being added by the University on count of the fact that the petitioner had not filled the examination form for re-examination.

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This Court, after hearing learned counsel for the parties as well as perusing the record of the case, is of the opinion that once the Government College is taking a stand that its student had undertaken the two internal assessment examination of History and Hindi and with those marks, he would have succeeded, if it were counted while assessing the B.Ed. IInd year examination, the petitioner would have passed, but they are not being considered for the purpose of final assessment of B.Ed. IInd year examination. It is not palpable to this Court that respondent No.3Government College has conducted the internal assessment, after

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(3 of 3)

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[CW-2942/2019]

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the initial glitch of the petitioner not appearing on health counts and those marks are not being counted by the University. The petitioner’s eligibility, merits as well as marks otherwise entitled him for the B.Ed. Degree Course.

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In light of the aforesaid observations, the present petition is allowed and the respondent-University is directed to consider the marks forwarded by the Government College for the two internal assessment examination i.e. History and Hindi and publish fresh result of the petitioner within a period of three months from today, strictly in accordance with law.

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It is made clear that the previous order of declaring the petitioner ineligible on count of non-inclusion of two internal assessment examination stands nullified.

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Stay petition as well as all pending applications also stand disposed of accordingly.

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(DR. PUSHPENDRA SINGH BHATI),J.

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198-Sudheer/-

Chimna Ram Solanki v. Jai Narain Vyas University, Jodhpur

Case brief

What is this about?

What did the court decide?

Chimna Ram Solanki v. Jai Narain Vyas University, Jodhpur

Case brief

What is this about?

What did the court decide?

What the court decided

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