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NIRANJAN PRASAD MEHRA v U O R, JAIPUR - CW Case No. 9960 of 2006  RD-RJ 4062 (20 August 2007)
IN THE HIGH COURT OF JUDICATURE FOR
AT JAIPUR BENCH, JAIPUR.
S.B. CIVIL WRIT PETITION NO.9960/2006.
Niranjan Prasad and ors.
University of Rajasthan and anr.
Date of Order : 20/8/2007.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Lokesh Singh Shekhawat for the petitioners.
Shri Chanderdeep Singh on behalf of
Shri Virendra Agrawal for the respondents.
BY THE COURT:-
This writ petition has been filed by students of M.B.A. praying for issuance of a writ of mandamus directing the respondents to permit them to 3rd appear in Semester of MBA Course to which admission has been denied to them by the University on the ground that they failed to clear all papers of
Ist Semester. This Court vide its order dated 22/12/2006 directed the respondents to permit the petitioners to appear in 3rd Semester examinations together with due papers of Ist Semester examination.
Accordingly, they were allowed to appear in that examination.
Learned counsel for the petitioner in the course of arguments informed the court that out of three petitioners, only petitioner Nop.2 Kishore
Kumar Gangwani cleared the due papers of Ist Semester and, therefore, he could be treated as eligible to appear in third semester according to Ordinance 250B of the University Ordinances. According to the scheme of the examination however, Niranjan Prasad Mehra and
Usha Gangwani, petitioners No.1 and 2 respectively cannot be treated as eligible to appear in the 3rd
Semester because inspite of the permission granted by this Court, they failed to clear due papers of Ist
In the facts of the case and in view of the provisions of the aforesaid scheme as also Ordinance 250B of the Ordinances, a candidate is eligible for admission to 3rd semester must clear all due papers of Ist semester securing 36% marks in each paper with an aggregate percentage of 48% in each semester alongwith 50% of the total papers offered for the MBA
Semester II securing atleast 36% marks in each paper and 48% in aggregate so as to eligible to appear in 3rd semester. Since only one petitioner i.e. Kishore
Kumar Gangwani could qualify that requirement, this petition is disposed of with the direction that only in his case the result of the examination of 3rd semester shall be declared and his further appearance in the 4th semester shall be taken to have been regularised on that basis and for rest of the petitioners since they have not qualified due papers of Ist semester so as to be eligible to appear in 3rd semester, their case shall be dealt with by the respondents-authorities in accordance with the aforesaid provisions.
With these observations, the writ petition is disposed of.
(MOHAMMAD RAFIQ), J. anil
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