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Rajasthan High Court - Jaipur

Dinesh Kumar Sharma vs Controller Of Examination Anr on 9 January, 2013

Author: Alok Sharma

Bench: Alok Sharma

    

 
 
 

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

ORDER

S.B. CIVIL WRIT PETITION NO.5468/2012
Dinesh Kumar Sharma 
Vs. 
The Controller of Examination, Rajasthan University of Health Sciences, Jaipur & Anr.

Date of Order : 					      09.01.2013

HON'BLE MR. JUSTICE ALOK SHARMA

Mr. Rameshwar Sharma, for the petitioner.
Mr. M.A. Khan, for respondent-University.
BY THE COURT

1. It is not in dispute that the petitioner has studied in B.Sc. Nursing Part-I and passed the said examination in November, 2011. Thereafter he was promoted to B.Sc. Nursing Part-II and read in the said class for the whole year with requisite attendance. It however transpires that the petitioner did not fill up his examination form for B.Sc. Nursing Part-II within time and was therefore denied permission for writing the said examination. In these circumstances, the petitioner approached this Court by way of present writ petition.

2. Counsel for the petitioner submits that on the mere filing of the writ petition, the Controller of Examination, Rajasthan University of Health Sciences, allowed the petitioner to appear and write the said B.Sc. Nursing Part-II examination. He submits that now the mere pendency of the writ petition is entailing non-declaration of result of the petitioner, even though he has written the B.Sc. Nursing Part-II examination with due permission.

3. Mr. M.A. Khan, appearing for Rajasthan University of Health Sciences, fairly submits that as the petitioner has written the B.Sc. Nursing Part-II examination and there is no issue of his eligibility for writing the said examination, the Rajasthan University of Health Sciences would declare his result forthwith as the result of other students, who wrote the B.Sc. Nursing Part-II examination, has already been declared.

4. Heard the counsel for the petitioner as also the respondent-University and perused the writ petition.

5. In view of the facts recorded above and the fair submission of the counsel for the respondent-Rajasthan University of Health Sciences, this writ petition is disposed of with a direction to the Rajasthan University of Health Sciences to declare the result of the petitioner in respect of B.Sc. Nursing Part-II examination forthwith and in any event not later than seven days from the submission of a certified copy of this order.

6. Stay application also stands disposed of.

(ALOK SHARMA), J MS/-

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, Jr. P.A.