[2025:RJ-JP:9502] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10114/2012 The Suresh Gyan Vihar University, Jaipur Mahal, Jagatpura, Jaipur Through Its Registrar. ----Petitioner Versus 1. The University Of Rajasthan Through Its Registrar, JLN Marg, Jaipur 2. The Controller Of Examinations, University Of Rajasthan, Jaipur ----Respondents For Petitioner(s) : Mr. Madhav Mitra, Sr. Adv. assisted by Mr. Veerendra Singh For Respondent(s) : Mr. Rachit Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 04/03/2025 Learned Senior Counsel for the petitioner confines this writ petition to the challenge to the penalty imposed upon it by the respondent-University to the tune of Rs.1,40,000/- for sending marks of one student of BE Vth Semester (Mechanical Branch) Examination-2004 with wrong enrollment number and for sending incorrect practical marks of another student of DHD Lab. Learned Senior Counsel submits that although, the bona fide clerical error in respect of aforesaid two students was rectified by the petitioner immediately; still, the respondent- University imposed the penalty without any authority of law. He submits that there is no provision either under the Ordinance or, Statute or Rules of the respondent-University empowering it to levy penalty on account of an error by an institute far less a bona fide clerical [2025:RJ-JP:9502] (2 of 3) [CW-10114/2012] mistake in remitting marks of its students. He, prays that the writ petition be allowed and the demand of penalty be quashed. Although, learned counsel for the respondent-University has endeavoured to justify the penalty; but, he fairly admitted that there is no provision either under the University Ordinance or, its Statute or, any Rule authorizing it to impose penalty for any reasons including the reason for which it was imposed upon the petitioner-Institute. Heard. Considered. The respondent-University is a creature of statute and has to act in accordance with the provisions prescribed therein. Indisputably, no statutory provision authorizes it to levy penalty on an institution for remitting incorrect marks or correct marks with the wrong enrollment number of its students. Therefore, the levy of subject penalty upon the petitioner-institute is not tenable in the eye of law. There is another important aspect to the matter. Indisputably, before imposing the subject penalty upon the petitioner-Institute, neither it was given any show cause notice nor, it was afforded any opportunity of hearing. Normally, this Court remands such matter for decision afresh after complying with the principles of natural justice, but, since, in the instant case, it has been held that imposing of the penalty was without any authority of law, this course is not being resorted to. In view of the aforesaid discussion, the writ petition deserves to be allowed. [2025:RJ-JP:9502] (3 of 3) [CW-10114/2012] Resultantly, this writ petition is allowed. The penalty of Rs.1,40,000/- imposed on the petitioner-Institute is quashed and set aside. (MAHENDAR KUMAR GOYAL),J GAURAV/12