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2025 DAILYLAW 30771 (RAJ)

GAUTAM ARORA S/O KEWALKRISHANARORA v. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES

CW/16337/2023 · 2025-05-06

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16337/2023 1. Gautam Arora S/o Kewalkrishanarora, Aged About 23 Years, R/o 50, Vinayak Vihar, Ganpatpura, Mansarovar, Jaipur (Raj.). 2. Premlata Kumari D/o Madanlalge, Aged About 22 Years, R/o Sami, Tehsil Dantaramgarh, Sikar (Raj.). 3. Amitkumarpunia S/o Sita Ram Pooniya, R/o Bunkarokamohalla, Kishanpura, Jaipur. ----Petitioners Versus 1. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar, Sector 18, Kumbhamarg, Pratapnagar, Sanganer, Jaipur (Raj). 2. The Examination Controller, Rajasthan University Of Health Sciences, Jaipur Sector 18, Kumbhamarg,pretapnagar, Sanganer, Jaipur(Raj.) 3. The Principal, Para Medical Institute, Sms Medical College, Jaipur Apposite Pink Square, Mental Hospital, Rajapark, Jaipur(Raj.) ----Respondents Connected With S.B. Civil Writ Petition No. 15668/2023 1. Sarita Goswami D/o Shri Mahaveer Goswami, Aged About 22 Years, R/o-Plot No-A-21, Ojha Ji Ka Bag, Gandhi Nagar Moad, Tonk Road, Jaipur, Raj. 2. Praveen Kumawat S/o Rajendar Kumawat, Aged About 26 Years, R/o-Kha 121, Bhawani Nagar, Murlipura, Jaipur, Raj. 3. Nitish Kumar Sharma S/o Shivshankar Sharma, Aged About 21 Years, R/o-B-197, Anandpuri, Md Road, Adarsh Nagar, Jaipur, Raj. ----Petitioners Versus 1. The Rajasthan University Of Health Sciences Jaipur, Through Its Registrar, Sector 18 Kumbha Marg, Pratap Nagar, Jaipur. (2 of 3) [CW-16337/2023] 2. The Principal And Controller Of Examination, Rajasthan University Of Health Sciences, College Of Medical Sciences, Kumbha Marg, Pratap Nagar, Jaipur. 3. The professor and head of the department paramedical institute, SMS medical college, jaipur. ----Respondents For Petitioner(s) : Mr. Girraj Prasad Gadhwal Mr. Pawan Sharma for Mr. Ashok Bansal For Respondent(s) : Mr. Nikhil Saini JUSTICE ANOOP KUMAR DHAND Order 06/05/2025 1. Since common question of law and facts are involved in these writ petition, hence, with the consent of counsel of the parties, both the writ petitions are being decided together by this common order. 2. A very short controversy is involved in both the writ petitions where the petitioners were not allowed to appear in the examination on account of shortage of their attendance, i.e. the petitioners failed to attend 75% classes and that is the sole and precise reason for not allowing them to appear in their examination. 3. During course of hearing, it has been apprised at Bar that during pendency of these writ petitions, extra classes were conducted for the students by the respondents/college at its own level and the petitioners have completed the attendance of more than 75%. This fact has been also acknowledged by the Controller of Examination of RUHS vide (3 of 3) [CW-16337/2023] letter dated 28.09.2024. The document annexed with the writ petitions marked as Annexure-A2 indicates that now all the petitioners have attended 75% classes and their attendance is complete. The objection by the University with regard to shortage of attendance of the petitioners has come to an end now. Now there remains no objection or hurdle in the way of the petitioners to get their result of examinations and appear in future examinations for subsequent years. 4. Considering the above factual aspect of the matter, both these writ petitions stand disposed of by issuing directions to the respondents to declare result of the petitioners forthwith without any further delay and allow the petitioner No.3 in S.B. Civil Writ Petition No.16337/2023 to appear in third year examination and allow all the petitioners in S.B. Civil Writ Petition No.15668/2023 in third year examination, after taking their examination form and charging the requisite examination fees. Thereafter, the result be declared in accordance with law. 5. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/237-238