[2025:RJ-JP:28908-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 624/2022 In S.B. Civil Writ Petition No.611/2021 University Of Rajasthan, Through Its Registrar, JLN Marg, Jaipur (Raj.). ----Appellant Versus 1. Sajid Ali S/o Shri Gaffar Khan, Aged About 26 Years, R/o Village - Fullabas, Tehsil Tijara, Dist. Alwar Rajasthan. ---Non-Appellant/Petitioner 2. The Principal, SSG Pareek Pg College Of Education, Bani Park, Jaipur Rajasthan. ---Non-Appellant/Respondent No.4 3. The Controller Examination, University Of Rajasthan, Through Its Registrar, Jln Marg, Jaipur (Raj.). 4. Coordinator, Rajasthan Eligibility Examination For Teachers (REET)-2021, Rajiv Gandhi Vidhya Bhawan, Madhyamik Shiksha Board Colony, Civil Lines, Ajmer- 305001 ----Proforma Non-Appellants/Respondent For Appellant(s) : Mr. Ajit Maloo For Respondent(s) : Mr. Tanveer Ahamad HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Judgment 30/07/2025 1. The issue is no more res-integra between the parties as the judgment relied upon by the learned Single Judge has been set aside by the Division Bench in D.B Special Appeal (Writ) No.560/2022, decided on 10.02.2023 wherein, the Division Bench held as under:- [2025:RJ-JP:28908-DB] (2 of 3) [SAW-624/2022] "19. Though it has not been argued, nor any decision has been rendered by learned Single Judge, in order to find out whether it is permissible under the law to consider condonation of shortage of attendance, we enquired from learned counsel for the parties. Learned counsel for the appellant-University fairly submits that there is provision of condonation of shortage of attendance as contained in Ordinance 145. However, the same would not be applicable in the present case as condonation of absence is limited to certain percentage of shortage of attendance ranging from 3% to 6%. We also enquired whether shortage of attendance of Respondents No.1 and 2 is within the aforesaid limit so that some direction could be issued to consider the case of Respondents No. 1 and 2. However, to the misfortune of Respondents No.1 and 2, their percentage of shortage of attendance is far more than what is permissible under Ordinance 145. 20. A writ of mandamus can be issued to perform statutory/legal obligation or to enforce a statutory/legal/constitutional right. Once we have held that there is neither any statutory right in favour of petitioners, nor statutory obligation cast upon the appellant- University, in our considered opinion, writ of mandamus could not be issued to the appellant-University to award degree to Respondents No.1 and 2. In view of above, we are unable to uphold the directions which have been issued by the learned Single Judge. 21. Consequently, this appeal is allowed. Order passed by the learned Single Judge is set aside and the writ petition is dismissed. There shall be no order as to costs." [2025:RJ-JP:28908-DB] (3 of 3) [SAW-624/2022] 3. In view of above, the order passed by the learned Single Judge dated 07.03.2022 is set aside and the appeal is decided in the aforesaid terms mutatis mutandis. (CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J GAURAV/Diksha-76