Rajasthan High Court - Jaipur
Abhishek Singh Jadon And Ors vs University Of Raj And Ors on 1 June, 2017
Author: M.N. Bhandari
Bench: M.N. Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. CIVIL WRIT PETITION No.8093/2017
1. Abhishek Singh Jadon Son of Shri Mahesh Singh Jadon, Aged
About 20 Years, Resident of Plot No. 7, Gulab Vihar, Gandhi Path
(West), Vaishali Nagar, Jaipur.
2. Sagar Sharma, Son of Shri Ramesh Chandra Shar,a, Aged
About 22 Years, Resident of Near Teja Ji Mandir, Amer, Jaipur
3. Rahul Verma Son of Shri Ramesh Kumar, Aged About 20 Years,
Resident of Near Swami Oil Mills, Ward No. 30, Fathepur
Shakhawati, Distt. Sikar.
4. Prabal Sharma, Son of Shri Pradeep Kumar Sharma, Aged
About 21 Years, Resident of B-195, Kardhani Scheme, Kalwar
Road, Jaipur.
5. Deepak Sharma Son of Shri Shasi Bhushan Sharma, Aged
About 21 Years, Resident of Purani Kothi, Duhar Chougan,
Thanagazi, Alwar.
6. Ajay Jangir, Son of Shri Guljari Lal Jangir, Aged About 24 Years,
Resident of 61/508-509, Heerapath, Mansarovar, Jaipur.
7. Rajeet Singh Son of Sharwan Kumar, Aged About 20 Years,
Resident of Kharbasa Ki Dhani, Gudagorji, Tehsil Udaipurwati,
Distt. Jhunjhunu.
8. Anuj Singh Choudhary, Son of Shri Ajeet Singh Choudhary,
Aged About 21 Years, Resident of 88-89, Shakti Dham Colony,
Gandhi Path, Vaishali Nagar, Jaipur.
9. Pushpender Khuteta, Son of Shri Vijay Kumar, Aged About 19
Years, Resident of Behind Gopinath Temple, Chopper Bazar,
Reengus, District Sikar.
10. Rahul Kumawat, Son of Shri Nand Lal Kumnawat, Aged About
22 Years, Resident of Khatu Mode, Reengus, District Sikar.
11. Rohit Sharma, Son of Shri Akshay Sharma, Aged About 22
Years, Resident of C-2/28, Chitrakoot Sector-2, Vaishali Nagar,
Jaipur.
12. Mohit Kurwani, Son of Shri Sushil Kumar, Aged About 20
Years, Resident of 64/227, Heerapath, Mansarovar, Jaipur.
13. Ravi Gangwani, Son of Shri Vashu Dev Gangwani, Aged About
21 Years, Resident of 64/221, Heerapath, Mansarovar, Jaipur.
14. Harsh Tanwani, Son of Shri Uttam Tanwani, Aged About 22
Years, Resident of B-89, Jagdamba Nagar, Ajmer Road, Jaipur.
(2 of 4)
[CW-8093/2017]
15. Pratap Singh Rajput, Son of Shri Mohan Singh Rajput, Aged
About 21 Years, Resident of Village Post and Tehsil Ramgarh,
Pachawara, Distt. Dausa
----Petitioners
Versus
1. The University of Rajasthan Through the Vice Chancellor, JLN
Marg, Jaipur
2. The Registrar, University of Rajasthan, JLN Marg, Jaipur
3. The Deputy Vice Chancellor (Examination) University of
Rajasthan, JLN Marg, Jaipur
4. The Controller of Examination, University of Rajasthan, JLN
Marg, Jaipur
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Ankit Sethi For Respondent(s) : Mr. AK Sharma, Sr. Adv. with Mr. Rachit Sharma _____________________________________________________ HON'BLE MR. JUSTICE M.N. BHANDARI Judgment 01/06/2017 By this writ petition, a direction is sought for declaration of result of B.Com. Part III Examination and, accordingly, to set aside the order for cancellation of the examination.
Learned counsel for respondents stated that cancellation of examination is precisely due to leakage of Papers of B.Com. Part III thus become public. Many students may be beneficiaries of it thus a decision was taken to cancel the examination. The schedule of examination has already been given followed by progamme to declare the result.
(3 of 4) [CW-8093/2017] Learned counsel for petitioners submits that leakage of Papers of B.Com. Part III Examination is by the Professor and not at the instance of the students thus they should not be made to suffer. It is moreso when they have taken admission in PG/MBA Course where joining has to be given on the dates now notified for the examination thus prayer is made to declare result of the petitioners.
I have considered the submissions made by learned counsel for the parties and find decision of the University to be justified. The result of Papers of B.Com. Part III Examination cannot be ordered to be declared even after its leakage otherwise trust in the examination would not remain. It may have been leaked by the Professor but beneficiaries of it are none but the students. The students may have used their position to get papers through the Professor involved in the case. It cannot be accepted that leakage of the Papers is by the Professor thus students should not be made to suffer.
It is difficult to find out who are beneficiaries of leakage of Papers. In such circumstances, it is proper to cancel the examinations so as to re-initiate it afresh. Such a decision is unilaterally taken in all the States where such incidence takes place. I do not find any exception in the decision of the respondents thus prayer made by the petitioners to declare the result cannot be accepted.
The schedule of the examination has already been given and it would start from 12th June, 2017. The result of which would be declared by 30th June, 2017 after completion of the examination.
(4 of 4) [CW-8093/2017] If petitioners have to join the PG Course on or before the date of declaration of result, they are given liberty to make an appropriate application to accommodate them for production of documents in the peculiar facts and circumstances. This court hope and trust that taking into consideration the peculiar facts, the students would be accommodated as result would otherwise be declared by 30th June, 2017.
The writ petition is disposed of with the aforesaid.
(M.N. BHANDARI)J. FRBOHRA