SHUBHI PARASHAR DAUGHTER OF SHRI PAWAN PARASHAR v. UNION OF INDIA
CW/17359/2026 · 2026-08-31
Sudesh Bansal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14009 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14009 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:34928] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17359/2026 CNR: RJHC020845382026 | URN: CW / 36330U / 2026
1. Shubhi Parashar Daughter of Shri Pawan Parashar, Aged About 28 Years, Resident of Monu Flats, Gali No. 4A, Choudhary Colony, Krishna Nagar, Near Mali Kite House, Jaipur (Raj.). 302002.
2. Nupur Dahuja Daughter of Rajkumar Dahuja, Aged About 27 Years, Resident of F-12, Teachers Colony, Hastinapur, Uttar Pradesh-250404. ----Petitioners Versus
1. Union of India, Through Secretary, Higher Education, Govt. Secretariat, New Delhi.
2. National Testing Agency And Autonomus Organization Under The Department of Higher Education, Ministry of Education, Government of India, New Delhi Through Its Director.
3. Rajasthan College Of Engineering For Women, Bhankrota, Ajmer Road, Jaipur Through Its Controller/director of Examination.
4. Shri Satya Sai Online Examination Centre, Shri Satya Sai College For Women, Sector-2, Jawahar Nagar, Near Transport Nagar Circle, Jaipur. ----Respondents For Petitioner(s) : Mr. Govind Prasad Kaushik For Respondent(s) : Mr. Ram Singh Bhati for respondent No.1 Mr. M.S. Raghav, Mr. Vishwas Saini for respondent No.2 HON'BLE MR. JUSTICE SUDESH BANSAL
Order 31/08/2026
1. Two petitioners have filed this writ petition jointly under Article 226 of the Constitution of India, seeking prayer to permit them to re-appear in the All India Ayush Post Graduate Entrance Test-2026 scheduled on 01.09.2026, conducted by National Testing Agency (NTA).
[2026:RJ-JP:34928] (2 of 4) [CW-17359/2026]
2. Indisputably, the All India Ayush Post Graduate Entrance Test-2026 was conducted by NTA on 22.08.2026 at all India level and petitioners had appeared in that test at Shri Satya Sai PG College Center, Jaipur. Petitioners tried to make out a case that during the examination hours of two hours i.e. 120 minutes, there was a power outage at Shri Satya Sai PG College Center, Jaipur and due to which petitioners faced a disadvantageous position and could not complete their test. It is further case of petitioners that NTA itself realized the problem of power outage and has rescheduled the examination on 01.09.2026 for 49 candidates who could not complete/log-in their test at Shri Satya Sai PG College Center, Jaipur. To fortify this fact, a Public Notice issued by the NTA dated 22.08.2026 has been enclosed as Annexure-4. Hence, the prayer of petitioners is that petitioners may be permitted to re-appear in the above test on 01.09.2026.
3.
Learned counsel appearing on behalf of respondent No.2-NTA pointed out that the mode of examination was Computer Based Test (CBT) and the duration of examination was two hours (120 minutes). He submits that to calculate the duration of 120 minutes, an in-built stopwatch was operative on the test window. During the period when power outage was occurred or any other obstruction in between the test, stopwatch was stopped automatically. Consequently, the candidates, who appeared in the test on 22.08.2026, were provided full duration of 120 minutes to complete their test. Hence, due to power outage, the petitioners did not suffer any disadvantage and their prayer seeking permission to re-appear in the examination scheduled on 01.09.2026 is misplaced.
[2026:RJ-JP:34928] (3 of 4) [CW-17359/2026] In addition, it has been pointed out that, as far as the 49 students who have been given an opportunity to appear in the examination by NTA on 01.09.2026 are concerned, they are the students who could not even log in to the CBT examination and were deprived to complete their test due to the power outage. Hence, the case of the petitioners is not at par with those 49 candidates and petitioners cannot claim for re-appearing in the test on the ground of parity.
4. Having heard counsel for both parties and from pleadings as made by petitioners, this Court finds that it is not the case of petitioners that duration of 120 minutes, which is standard duration for the test was not made available to petitioners or petitioners have to suffer with the duration to complete the test, due to power outage. Admittedly, both petitioners have appeared and logged in the CBT examination on 22.08.2026 as much as completed their examination.
5. Further this Court has noticed that there is no prayer of petitioners to cancel the test conducted by NTA on 22.08.2026 at Shri Satya Sai PG College Center, Jaipur, asserting that test as a whole suffered adversely due to power outage.
6. This Court finds that taking into consideration the
contentions put forth by counsel for NTA and in view of the fact that petitioners got full duration of 120 minutes to complete their test on 22.08.2026. The case of petitioners stands entirely on different footing and petitioners have no similarity with the 49 candidates to whom NTA itself has given opportunity to re-appear and re-schedule the examination on 01.09.2026.
[2026:RJ-JP:34928] (4 of 4) [CW-17359/2026]
7. In the opinion of this Court, the prayer of petitioners seeking permission to re-appear in the examination scheduled on 01.09.2026, which is confined only to 49 candidates, is not based on any fundamental or legal right and cannot be accepted even on the basis of equity and parity.
8. For aforesaid reasons, the prayer made in the writ petition is devoid of substance and is not liable to be granted in exercise of writ jurisdiction under Article 226 of the Constitution of India, hence, in that view, the writ petition is hereby dismissed.
9. Stay application and other pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J 6/NITIN