Allowed

Mahima Patel v. the Registrar, Dr. S.R. Rajasthan Ayurved University

Rajasthan HC12 Jul 2022SAW/129/2022

Case brief

AI extract

What is this about?

Single Bench Appeals were allowed reversing an order that denied students the right to appear in the 4th-year final BAMS examination. The High Court held that appellants had completed the required 18-month tenure starting February 2020 and directed the university to declare their results.

What did the court decide?

Impugned order dated 21.01.2022 reversed; respondent university directed to forthwith declare the results of the appellants.

Mahima Patel Vs the Registrar, Dr. S.R. Rajasthan… — Education and Admissions | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 111/2022

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Rajesh Kumar S/o Shri Ramshwaroop Ji, Aged About 25 Years, R/o V.p.o Sawantsar, Tehsil Shri Dungargarh District Bikaner.

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----Appellant

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Versus

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The Registrar General, Dr. S.r. Rajasthan Ayurved University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

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The Controller Of Examination, Dr. S.r. Rajasthan Ayurveda University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

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The Principal, Kala Ashram Ayurved Medical College And Hospital Nhw-27, Dholighati, Village- Bansada, TehsilGogunda, District- Udaipur (Rajasthan).

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Narpat Solanki S/o Shri Hari Ram, Aged About 25 Years, R/o Maliyon Ka Vas, Ratanpura, Jalore, Chitalwana, Rajasthan.

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----Respondents

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Connected With

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D.B. Spl. Appl. Writ No. 128/2022

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Rajendra Prasad Chopara S/o Goverdhan Lal Chopara, Aged About 25 Years, By Caste Chopra, R/o Singod Khurd, Singod Khurd Jaipur Churu Rajasthan.

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----Appellant

¶15

Versus

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The Registrar, Dr. S.r. Rajasthan Ayurved University (Dr. S.r.a.u.), Karwar, Nagaur Road, Jodhpur, Rajasthan.

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The Controller Of Examination, Dr. Dr. S.r. Rajasthan Ayurveda University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

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The Principal, Kala Ashram Ayurved Medical College And Hospital Nhw-27, Dholighat, Village- Bansada, TehsilGogunda, District- Udaipur (Rajasthan).

¶19

----Respondents

¶20

D.B. Spl. Appl. Writ No. 129/2022

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Mahima Patel S/o Shri Laxman Singh, Aged About 24 Years, By Caste Patel, R/o 7/270, Mahima Bhawan,

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(2 of 4)

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[SAW-111/2022]

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Khandu Colony, Banswara (Rajasthan).

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Mahesh Kumar Yadav S/o Shri Kana Ram Yadav, Aged About 24 Years, By Caste Yadav, R/o Bai Ka Bas, Kaladera Chomu, Jaipur (Rajasthan).

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----Appellants

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Versus

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The Registrar, Dr. S.r. Rajasthan Ayurved University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

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The Controller Of Examination, Dr. Dr. S.r. Rajasthan Ayurved University, Karwar, Nagaur Road, Jodhpur, Rajasthan.

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The Principal, Kala Ashram Ayurved Medical College And Hospital Nhw-27, Dholighati, Village Bansada, Tehsil Gogunda, District Udaipur (Rajasthan).

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Chawla Rahul Bhai S/o Shri Manohar Bai, Aged About 22 Years, By Caste Chawla, R/o 296, Santosh Villa, Dak Bangala Road, Vpo And Tehsil Todgarh, Ajmer (Rajasthan).

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----Respondents

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For Appellant(s) : Mr. Nitin Goklani Mr. Bhavit Sharma Mr. Rameshwar Chhangani Mr. Chaturbuj For Respondent(s) : Mr. Suneil Purohit Mr. Shreyansh Bhandawat

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

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Judgment

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12/07/2022

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These intra-court appeals are directed against the common order dated 21.01.2022 whereby, the writ petitions preferred by the appellants herein for seeking a direction against the respondent University to permit them to appear in the 4th Year

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(3 of 4)

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[SAW-111/2022]

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BAMS (Final Professional) Examination Course of BAMS were rejected.

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We have heard and considered the submissions advanced at bar and have gone through the material available on record.

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The short issue which is involved for consideration of this Court is that whether the petitioners have completed the period of 18 months in the 4^th year as required by the regulations so as to make them entitled to appear in the final year examination. It may be stated here that the petitioners have set up a pertinent case in the writ petitions that they had been admitted into the 4^th year course from February, 2020 and thus, the mandatory period of 18 months has been completed by them with a comfortable margin. It is an admitted position that the petitioners have already appeared in the 4th year final examination but the result is not being declared because of the decision taken by the college that the petitioners-appellants were not entitled to appear in the final year examination on account of the period of 18 months not having been completed/attendance falling short.

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During the course of arguments, learned counsel Shri Suneil Purohit representing the respondent Dr. S.R. Rajasthan Ayurved University, candidly conceded that the university does not have any objection to the result of the petitioners being declared because as per its record, the appellants-petitioners have completed 18 months' period in the 4th year with the requisite attendance in keeping with the COVID-19 exemptions. The only objection which was forthcoming against the relief sought for by

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(4 of 4)

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[SAW-111/2022]

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the appellants was on part of the respondent No.3 Kala Ashram Ayurved Medical College and Hospital.

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Learned counsel for the appellants urged that this malafide objection is coming forthwith at the instance of College Principal who is fueled with the greed to extract more fees because if the appellants are not allowed to complete the 4^th year course now, they would have to get re-admitted in a fresh session and consequently, the college would be enriched by the double tuition fee.

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In view of the facts noted above and as the undisputed position as emanating from record reveals that the tenure of all the appellants-writ petitioners in the 4^th year started from the month of February, 2020 which fact is manifested from the attendance sheets shown to the Court during the course of arguments. We are of the view that the observations made at Para No.12 of the impugned order in the writ petition appears to be factually incorrect and hence, the learned Single Bench was not justified in denying the relief sought for by the petitioners.

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Consequently, the impugned order dated 21.01.2022 is reversed. The respondent university is directed to forthwith declare the result of the appellants. The appeals are allowed in these terms. No order as to costs.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

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101-Sudhir Asopa/Divya/-

Mahima Patel v. the Registrar, Dr. S.R. Rajasthan Ayurved University

Case brief

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Mahima Patel v. the Registrar, Dr. S.R. Rajasthan Ayurved University

Case brief

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