MANISH KUMAR MEENA SON OF SHRI DHANRAJ MEENA v. RAJASTHAN UNIVERSITY OF HEALTH SCIENCE
CW/17619/2024 · 2025-01-20
Avneesh Jhingan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33264 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33264 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:2746] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17619/2024
1. Manish Kumar Meena Son Of Shri Dhanraj Meena, Aged About 26 Years, Resident Of Village And Post Dhrath, Tehsil Talera, District Bundi (Raj.)
2. Mohd. Faiyaz Quadri Son Of Shri Mohd. Waris Quadri, Aged About 27 Years, Resident Of Near Husaini Masjid, Chokoti Phatak, Bikaner (Raj.) ----Petitioners Versus
1. Rajasthan University Of Health Science, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur (Raj.) Through Its Vice Chancellor. 2. Controller Of Examination, Rajasthan University Of Health Science, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur (Raj.)
3. Principal, Dr. Tanveer Malavat Nursing College, Bikaner (Raj.) ----Respondents For Petitioner(s) : Mr. M.S Choudhary For Respondent(s) :
HON'BLE MR. JUSTICE AVNEESH JHINGAN Order 20/01/2025
1. The prayer made in the present petition is for granting a mercy chance to the petitioners for appearing in 4th Year Examination of Nursing course. The issue raised in the present petition is no longer res integra and is covered by decision of the Division Bench of this Court in D.B. Special Appeal Writ No. 1188/2022 and connected matters decided on 11.11.2022 wherein it was held:
[2025:RJ-JP:2746] (2 of 2) [CW-17619/2024]
11. In view of the aforesaid facts, the petitioner- appellants who entered the course in the year 2013 could have easily passed out the course by the end of the year 2018. Even if some latitude is given, the period of the course could not be extended beyond 2020 onwards. 12. In fact, on account of Covid 2019 Pandemic situation, the petitioner-appellants were given additional chance to clear the course upto April, 2022 but they failed to do so in the extended chance. 13. In view of the above facts and circumstances, it is evident that the examination of each year of the above course were held timely but even then despite sufficient latitude, the petitioner appellants were unable to successfully clear the course even upto April 2022 and as such, were rightly denied to participate or write the subsequent examination in view of the above Ordinance. 14.
The facts as narrated above, clearly indicate that there is no violation of any statutory provision on part of the University in taking the above action and since the matter of participation in the examination is purely an academic matter within the domain of the University, the court shall ordinarily remain away from such matters as it does not sits in appeal over the opinion expressed by the academic bodies. 15. In view of the above, we are of the opinion that the learned Single Judge has not committed any mistake in refusing to exercise its jurisdiction and in dismissing the writ petitions filed by the petitioner-appellants. 2. The writ petition is dismissed. (AVNEESH JHINGAN),J Himanshu/Neeru/7