// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.10326/2007 Virendra Kumar Sankhala and Others Versus State of Rajasthan and Others Date of Order ::: 25.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Mukesh Poonia, Counsel for petitioners Shri M.C. Gupta, Additional Government Counsel for respondents #### By the Court:- Admit. Shri M.C. Gupta, Additional Government Counsel, appears for the respondents. Heard learned counsel for the parties. The petitioners preferred this writ petition with a prayer that by issuing an appropriate writ, order or direction to the effect that Practical & Sectional examination of the petitioners for the Session 2006-07 may be ordered to be conducted immediately. Briefly stated the facts of the case are that the petitioners were given admission in X- ray Technician Para Medical Course for the Year 2006-07; they appeared in the said examination; they were declared pass so far as theory papers are concerned; but they could not pass the // 2 // practical examination and they were declared fail therein. Thereafter they approach the State Government and, vide letter dated 3rd October, 2007, the Government of Rajasthan, Medical Education Group-I, Department, accorded sanction to allow the failed students to appear in Practical & Sectional examination of the aforesaid Course for the Session 2006-07. However, the petitioners were not allowed to appear in the same, therefore, they filed the present writ petition. This Court, vide order dated 11th April, 2008, passed an interim stay order in favour of the petitioners, which reads as under:- “Heard learned counsel for the parties for consideration of the interim relief. Counsel for the petitioners submits that in case he is not allowed to appear in the examination of X-Ray Technician, 2008 which is scheduled to be held on 14/4/2008 then the prayer for interim relief would become infructuous. Learned Additional Government Advocate submits that the Court may consider the aforesaid prayer and pass appropriate order. Considering the aforesaid facts and circumstances, I allow the petitioners to appear in the X-Ray Technician Examination, 2008 which is commencing from 14/4/2008. List it after two weeks.” // 3 // In pursuance of the aforesaid order, the petitioners were allowed to appear in the Practical examination of the First Year of the aforesaid course as well as Second Year examination also, however, their result has not been declared so far. The respondents have filed their reply to the writ petition wherein it is contended that vide letter dated 30th October, 2007, the Chairman & Director of the Board of Technical Education, Rajasthan, Jodhpur, informed the Principal & Controller, SMS Medical College, Jaipur, by a detailed guideline, that once a result is declared, no permission can be given to re-conduct/re-holding of the examination. The learned counsel for the petitioners referred the order dated 24th October, 2007 (Annexure-R-10 with the reply) passed by the Principal & Controller, SMS Medical College, Jaipur directing the Joint Director and Secretary, Board of Technical Education, Rajasthan, Jodhpur, that the State Government has already accorded a sanction vide letter dated 16th October, 2007 to allow the candidates, who were declared fail, in X-ray Technician Para Medical Course, to appear in Practical & Sectional examination. The above narrated facts make it clear // 4 // that the State Government as well as the Principal & Controller, SMS Medical College, Jaipur, both, directed/informed the Board of Technical Education, Rajasthan, Jodhpur, to allow the petitioners and other similarly situated persons, who were declared fail, in Practical & Sectional examination of X-ray Technician Para Medical Course. The petitioners have already appeared in the Practical & Sectional examination of their First Year for the Session 2006-07 and they have also appeared in the Second Year Examination of the aforesaid course. In view of the above discussion, particularly the order of the State Government and the Principal & Controller, SMS Medical College, as referred above, the petitioners have already been allowed to appear in the Practical & Sectional examination and, in these circumstances, their writ petition to that extent has become infructuous and there is no need to pass any fresh order directing the respondents to allow them to appear in the aforesaid examination. Consequently, the writ petition is disposed of with a direction to the respondents to declare the result of the petitioners for Practical & Sectional examination of the First // 5 // Year and also the result of Second Year Examination immediately. In view of the above, there is no need to pass any separate order on the application filed by the petitioner for declaring their result and the same automatically stands disposed of. No costs. (Narendra Kumar Jain) J. //Jaiman//