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2025 DAILYLAW 15836 (RAJ)

SHEKHAR SAINI S/O SHRI HARI SHANKAR SAINI v. RAJ RISHI BHARTRIHARI MATASYA UNIVERSITY

CW/5832/2025 · 2025-05-28

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:22370] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5832/2025 Shekhar Saini S/o Shri Hari Shankar Saini, Aged About 24 Years, R/o Kale Khan Bag, Ganj, Kishangarh Bas, Khairthal-Tijara, Rajasthan. ----Petitioner Versus 1. Raj Rishi Bhartrihari Matasya University, Through Its Registrar, Alwar, Rajasthan. 2. Controller Of Examination, Raj Rishi Bhartrihari Matasya University, Alwar, Rajasthan. 3. Bhartiya Teachers Training College, Through Its Principal, Tehsil - Kishangarh Bans, District Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu Jain For Respondent(s) : Ms. Madhu Meena for Mr. Vinod Kumar Gupta Mr. Saurabh Yadav JUSTICE ANOOP KUMAR DHAND Order 28/05/2025 1. By way of filing this writ petition, the petitioner is seeking directions against the respondents to accept his online/offline examination form for the subject Mathematics (Part III) of the integrated course of B.Sc.-B.Ed. and permit him to participate in the examination process. 2. Learned counsel for the petitioner submits that the petitioner took admission in the integrated course of B.Sc.-B.Ed. in the year 2019. The duration of the said course is four years and as per the notification dated 20.11.2018 issued by the National Council for [2025:RJ-JP:22370] (2 of 3) [CW-5832/2025] Teachers Education (NCTE), a candidate can pass the aforesaid course within a period of six years and the respondents are not permitting the petitioner to appear in the aforesaid examination without any valid reason, hence under these circumstances, interference of this Court is warranted. 3. Per contra, learned counsel for the respondent-University opposes the arguments raised by learned counsel for the petitioner and submits that as per the Ordinance 326 of the Ordinance and Regulation, related to the Integrated B.Sc.-B.Ed. Degree, no candidate can be permitted to appear as an Ex-student at more than one subsequent examination and the integrated B.Sc.-B.Ed. Programme has to be of a duration of four academic years, which can be completed in a maximum of five years from the date of admission to the integrated course. Learned counsel submits that the petitioner has failed to pass the aforesaid course within a period of five years, hence his claim for appearing in the examination in the sixth year cannot be considered. 4. Learned counsel for the petitioner submits that the Ordinance, upon which the respondents have placed reliance, has been issued by the University of Rajasthan and nothing has been brought on record by the respondents as to whether the aforesaid notification dated 20.11.2018 issued by the NCTE has been adopted by the respondent-University or not. 5. Heard and considered the submissions made at Bar and perused the material available on the record. 6. This fact is not disputed that the petitioner took admission in the B.Sc.-B.Ed. Integrated Course in the year 2019. This fact is also not disputed that the duration of the said course is five years. [2025:RJ-JP:22370] (3 of 3) [CW-5832/2025] 7. Now, the question which remains for consideration of this Court is whether an additional chance can be granted to the petitioner beyond the statutory provision contained under Ordinance 326 of the Ordinance and Regulation, related to the Integrated B.Sc.-B.Ed. Degree in view of the notification dated 20.11.2018 issued by the NCTE, which prescribes the duration for passing such Integrated Course in a maximum period of six years. 8. There is conflict between the University’s Ordinance and NCTE’s notification. It is settled proposition of law that the notification issued by any authority, would not prevail over the Ordinance enacted for running any course by the Universities. When Ordinance 326 of the University of Rajasthan clearly specifies that the duration of passing of four year B.Sc.-B.Ed. integrated course is five years, then no relaxation can be granted, in light of the notification dated 20.11.2018 issued by the NCTE. 9. This Court finds no merit and substance in the submissions made by counsel for the petitioners. Accordingly, the writ petition stands dismissed. 10. Stay application as well as all applications (pending, if any) also stand dismissed. (ANOOP KUMAR DHAND),J Karan/257