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2025 DAILYLAW 30914 (RAJ)

HANS KUMAR SHARMA v. UNIVERSITY OF RAJ AND ANR

CW/9273/2017 · 2025-03-18

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:12037] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9273/2017 Hans Kumar Sharma Son Of Shri Mahaveer Prasad Sharma, Resident Of Bhaduka Sadan, Village And Post Amarsar, District Jaipur Raj. ----Petitioner Versus 1. University Of Rajasthan, Jaipur, Through Its Registrar, Rajasthan University, Jaipur Raj. 2. Controller Of Examination, Rajasthan University, Jaipur Raj. ----Respondents For Petitioner(s) : None Present For Respondent(s) : Mr. A.K. Sharma, Sr. Adv. With Mr. Rachit Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 18/03/2025 This writ petition is filed seeking a direction to the respondent- University to extend the petitioner benefit of grace marks in LL.B. third year examination under the old scheme, i.e., applicable prior to 01.01.2006. Learned counsel for the respondents submits that since, the petitioner appeared in LL.B. second year examination held in the month of May, 2006, he is not entitled for the benefit of old scheme of grace marks which was inapplicable post 01.01.2006. He, in this regard, relies upon a co-ordinate Bench judgment of this Court dated 04.03.2011 passed in the case of Sneha Ratia and Others vs. University of Rajasthan: S.B. Civil Writ Petition No.12579/2009. He, therefore, prays for dismissal of the writ petition. None for the petitioner. [2025:RJ-JP:12037] (2 of 2) [CW-9273/2017] In the case of Sneha Ratia and Others (supra), it was held as under: 4. In the light of the aforesaid submissions, writ petition is disposed of with following directions:- “If any of the petitioner appeared in a particular Year of LL.B., prior to 1.1.2006, then he would be entitled for the grace marks under the old scheme for the aforesaid years of course. Appearance in the Supplementary examination subsequently would not debar any candidate to get the benefit aforesaid if his appearance in the main examination in that particular year of course, is prior to 1.1.2006.” 5. To illustrate, if a candidate has appeared in II Year LL.B. Examination in the year 2004-05, followed by Supplementary Examination 2007- 2008 and obtained sufficient marks to pass after adding grace marks, he would be governed by old rules and be awarded grace marks accordingly. However, if a candidate has appeared in a particular examination of II Year after amendment of the rules, such entitlement would not be available to him.” Since, the petitioner appeared in the LL.B. second year examination in May, 2006, he is not entitled for benefit of grace marks under the old scheme. Resultantly, this writ petition is dismissed. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J DIKSHA /113