[2025:RJ-JP:29850] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10555/2021 Rekha Kumari Sharma D/o Shri Madan Lal Sharma And W/o Shri Sonu Sharma, Aged About 27 Years, Currently Residing At H.no. 34, Hanuman Nagar, Goner Road, Near Hanuman Ji Ki Bagichi, Luniawas, Jaipur 302003 ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary To Government, Higher Education Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan 302005 2. Chairperson, Maharaj Vinayak Global University, Maharaj Vinayak Global University Campus, Dhand, Amber, Jaipur Delhi National Highway No. 11C, Jaipur Rajasthan 302028 3. Dean And Head, Jaipur School Of Law, Maharaj Vinayak Global University Campus, Dhand, Amber, Jaipur Delhi National Highway No. 11C, Jaipur Rajasthan 302028 ----Respondents For Petitioner(s) : Mr.Vikas Jain For Respondent(s) : Mr.Devanshu Agarwal & Mr.Mahendra Tiwari JUSTICE ANOOP KUMAR DHAND Order 04/08/2025 1. The instant writ petition has been preferred with the following prayer:- "It is, therefore, most respectfully prayed that Your Lordships may graciously be pleased to accept and allow this writ petition and if this Hon’ble Court so pleases; (i) By issue of an appropriate writ, order or direction, the Respondent University may kindly be directed to release the marksheets of Final Semester and Sixth Semester and the course [2025:RJ-JP:29850] (2 of 5) [CW-10555/2021] Degree of the Petitioner bearing Enrolment No.: MVGU12E1001 who was enrolled as a student of law in the 5 year Integrated Course of B.A. LL.B. (Hons.) with Jaipur School of Law, Maharaj Vinayak Global University, with immediate effect; and (ii) By issue of an appropriate writ, order or direction, the State Government may kindly be directed to ensure release of the marksheets of Sixth Semester and Final Semester and the course Degree of the Petitioner by Jaipur School of Law, Maharaj Vinayak Global University, with immediate effect; and (iii) By issue of an appropriate writ, order or direction, the Stte Government may kindly be directed to take appropriate actions under the provisions of Maharaj Vinayak Global University, Jaipur Act, 2012 so as to ensure compliance of its provisions by Maharaj Vinayak Global University; and Any other apporpriate relief, order as may be deemed fit proper looking to the facts of the case by this Hon’ble Court may also kindly be passed in favour of the humble petitioner." 2. By way of filing this writ petition, a prayer has been made for issuing direction to the respondents to release the marksheets of Sixth Semester, Final Semester and the Degree of the five year integrated BA-LLB (Hons.) Course to the petitioner. 3. Learned counsel for the petitioner submits that the petitioner took admission in the five year integrated BA-LLB (Hons.) Course with the respondent-University. Counsel submits that the petitioner failed to deposit the requisite fees of the Sixth Semester [2025:RJ-JP:29850] (3 of 5) [CW-10555/2021] within time because of lack of financial resources, hence, the respondent-University has not accepted the dissertation submitted by the petitioner. Counsel submits that though the dissertation was submitted well within time, the same was not taken into account and the petitioner has been shown as absent in the Final Semester Examination. Counsel submits that the petitioner is ready and willing to deposit the entire outstanding fee with interest, therefore, the respondents be directed to grant one mercy chance to the petitioner to save her career as the petitioner has spent five years to complete her BA-LLB (Hon.) Course. 4. In support of his contention, counsel for the petitioner has placed reliance upon the judgment passed by the Kerala High Court in the case of Rathish M.V Vs. Mahatma Gandhi University while deciding WP (C) No.10150 of 2020 decided on 06.01.2021. 5. Per contra, learned counsel for the respondents opposes the arguments raised by counsel for the petitioner and submits that father of the petitioner himself had written a letter to the respondent-University that he is not in a position to deposit the fees of Sixth Semester. Counsel submits that considering the aforesaid prayer of father of the petitioner, the petitioner was allowed to attend the Universty in Sixth Semester and appeared in all the subsequent examinations. Counsel submits that the petitioner did not submit any dissertation and she remained absent in the Final Semester Examination. Counsel further submits that result of the other students was declared in the year 2017 and the petitioner was sleeping over the matter since 2017 [2025:RJ-JP:29850] (4 of 5) [CW-10555/2021] till 2021 and in the meantime, more than 8 years have passed since the date of admission of the petitioner. Counsel submits that the petitioner had taken admission in the academic session commencing from 2012-13 and the period of her BA-LLB (Hon.) Course was of five years, as per the Ordinance of the University. The candidate is supposed to complete the aforesaid course within a period of eight years from admission to the Course. Counsel submits that the petitioner has availed eight years time and she has failed to pass her Final Semester. Hence, under these circumstances, the petitioner is not entitled to any relief as claimed in the instant writ petition and the same is liable to be rejected. 6. In support of his contention, counsel for the respondents has placed reliance upon the judgment passed by the Punjab and Haryana High Court in the case of Diksha Bhardwaj Vs. Guru Nanak Dev University & Anr. while deciding Civil Writ Petition No.24395 of 2015 decided on 28.09.2016. 7. Heard and considered the submissions made at the Bar and perused the material availalbe on record. 8. Perusal of the record indicates that the petitioner took admission in the five year Integrated Course of BA-LLB (Hon.) for which the academic session commenced from 2012-13 and the petitioner was supposed to complete the aforesaid five year Course till the year 2018. 9. It appears that on account of financial crisis, the petitioner could not deposit the fees of Semester-VI and her father requested the respondent-University to grant some more time to [2025:RJ-JP:29850] (5 of 5) [CW-10555/2021] deposit the same. It appears that the respondent-University considered the request and allowed the petitioner to continue with her further studies and even without taking the due fees, the petitioner was allowed to appear in the subsequent semesters, i.e., Semester-VI to X. 10. Now, the dispute has raised by both the sides with regard to the dissertation so submitted by the petitioner. However, this fact has been disputed by counsel for the respondents that no dissertation was submitted rather the petitioner has been shown absent in Semester-X and that is why, her result of Final Semester was not declared. Counsel submits that the petitioner remained absent in the year 2017. This fact is not in dispute that the petitioner was shown as absent in Semester-X in the year 2017. This fact is also not in dispute that the petitioner did not approach this Court till 2021 and no justification has been given by her for approaching the same and she remained silent for a considerable time. Hence, under these circumstances, the relief sought for by the petitioner cannot be granted by this Court. However, looking to the fact that the Vice Chancellor has the power to grant a mercy chance to the students, this Court leaves it open for the Vice Chancellor to sympathetically exercise his discretion, in favour of the petitioner, as per the provisions contained under the Ordinance of the University. 11. Accordingly, the instant writ petition stands disposed of. All pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /112