Dismissed

Jai Narain Vyas University, Jodhpur v. Manoj Dhaka

Rajasthan HC7 Mar 2022SAW/214/2021

Case brief

AI extract

What is this about?

The Division Bench dismissed the Benches appeal against the order allowing a writ petition. The court held that the university was bound to issue a revised result as the respondent cleared the internship within the stipulated period, even though the college delayed transmitting the certificate.

What did the court decide?

The appeal was dismissed; the lower court's order directing the University to issue a revised result was affirmed.

Jai Narain Vyas University, Jodhpur Vs Manoj Dhaka — Service and Employment | 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. 214/2021

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Jai Narain Vyas University, Jodhpur, Through Its Registrar. 2. Registrar, Jai Narain Vyas University, Jodhpur (Rajasthan)

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----Appellants

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Versus

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Manoj Dhaka S/o Jai Narayan Dhaka, Aged About 29 Years, Plot No.66, Bapu Nagar, Mata Ka Than, Magra Punjala, Jodhpur, Rajasthan.

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Principal, Sucheta Kriplani T.t. College, Village And Post Manaklao, District Jodhpur.

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----Respondents

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For Appellant(s) : Mr. Mahesh Chandra Bishnoi For Respondent(s) : Mr. Nihar Jain

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HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

07/03/2022

Heard.

This appeal is preferred against the order dated 05.02.2021 passed by learned Single Judge in the petition filed by the respondent in which the learned Single Judge relied upon earlier order dated 17.04.2018 passed in the case of Nawab Khan Vs Jai Narain Vyas University & Anr. (SB Civil Writ Petition no. 16359/2017) allowing the writ petition, directing the appellantUniversity to declare the result of the student and issue consolidated marksheet of B. Ed Final Year.

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Assailing the correctness of the order, learned counsel appearing for the University would argue that the direction has

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(2 of 3)

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[SAW-214/2021]

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been issued based on the basis of order passed in the case of Nawab Khan Vs Jai Narain Vyas University & Anr. where facts were entirely different. He would submit that, that was the case where rightly or wrongly, the student was allowed to takeup the examination and only on technical objection that this was not on the basis of his application as an ex-student, relief was granted, whereas in the present case, the respondent writ petitioner could not complete the internship within the stipulated period of time and as the university was not provided necessary information either by the writ petitioner or by the college, the petitioner’s result was accordingly declared without giving weightage to the marks obtained by him in the internship program. He would submit that beyond period of three years from the date of admission in the course, claim is not permissible.

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Learned counsel for respondent would submit that writ petitioner could not be made to suffer for the inaction on the part of the college. He would submit that the writ petitioner had appeared in the examination and initially result was declared on 19.08.2018 directing him to reappear in the subject 2425 and thereafter, he appeared and a certificate of completion of internship course was also issued in his favour on 23.07.2019. This was within the maximum period of three years from the date of admission. Therefore, University is under obligation to issue a revised result incorporating the internship result as per certificate dated 23.07.2019.

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After hearing learned counsel for parties, we find that the petitioner's claim for issuance of revised result to declare his status as passed is denied on the ground that the college from which, the petitioner had undertaken his course has not conveyed

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(3 of 3)

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[SAW-214/2021]

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any information with regard to petitioner clearing the internship program in respect of the period 31.07.2018 to 18.02.2019.

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Issuance of certificate dated 23.07.2019 in favour of the writ petitioner is not in dispute. If that be so, in terms of the rules, as relied upon the respondent also, the writ petitioner had cleared the program within stipulated period of three years from the date he was granted admission in B.Ed. course in the year 2017-18. For some reason, this certificate and result by the concerned college could not be forwarded to the university. The writ petitioner cannot be said to be at fault.

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Even though, we find that the facts of the petition and that in the case of Nawab Khan Vs Jai Narain Vyas University & Anr. are not identical, taking into consideration that writ petitioner was entitled to declaration of revised result on the basis of certificate dated 23.07.2019 in as much as this certificate was issued after having completed 31.07.2018 to 18.02.2019 time of internship, admittedly within period of three years, as provided under the rules, the direction which has been issued by the learned Single Judge need not be interfered in the appeal.

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Therefore, appeal is dismissed.

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(MADAN GOPAL VYAS),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

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57-nidhi/-

Jai Narain Vyas University, Jodhpur v. Manoj Dhaka

Case brief

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Jai Narain Vyas University, Jodhpur v. Manoj Dhaka

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