- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Ms.Kavita Brdgurjar vs. JNV, University, Jodhpur & Anr. S.B.CIVIL WRIT PETITION NO.6592/2006 DATE OF ORDER : 27/2/2008 P R E S E N T HON'BLE JUSTICE SHRI GOPAL KRISHAN VYAS Mr.M.S.Panwar, for the petitioner. Ms.Kusum Rao, for the respondent. BY THE COURT: The petitioner by filing the present writ petition has prayed for declaring the result of PTE B.Ed.-2006 as illegal and unconstitutional and further prayed that while preserving the merit list (Annex.8), respondent may be directed to give her admission in B.Ed. (special) Education -2006. It is pertinent to note that in this case while admitting the writ petition on 20/11/2006 an interim order was passed that respondents were restrained from making any - 2 - admission in B.Ed. Special Court (MR)-2006 on the basis of select list declared on 14/11/2006 (Annex.8). Thereafter, upon hearing the counsel for the parties, the said order was modified on 1/12/2006, which reads as under:- “Looking to the fact that except petitioner none else has given challenge to the selection proceedings and the entire mater pertains to admission in Special B.Ed course for special category of students, I consider it appropriate to modify the interim order passed on 20/11/2006 with liberty to the respondents to grant admission to the selected incumbents but that shall be subject to final decision of this writ petition. The respondents shall also admit the petitioner in Special B.Ed.Course (MR) 2006 provisionally.” After passing of the above order, the petitioner was admitted to the course and by efflux of time, not only the petitioner but all other students who were admitted to the course after the order dated 1/12/2006 have completed the course. - 3 - Therefore, now, it is prayed by the learned counsel for the petitioner that respondents may be directed to declare the result of petitioner also for which learned counsel has drawn the attention of the Court towards the judgment rendered in Smt.Neetu Choudhary vs. State of Rajasthan and others [2007 W.L.C. 245], in which, upon same circumstances, the learned Single Judge of this Court without entering into the merits of the case, on the ground that petitioner of that writ petition completed the course, therefore, direction was given to the respondents to declare the result of the petitioner. Similarly, in another judgment reported in 1995 Supp (2) SCC 302 (Kamla Shankar vs. Director of Board of Technical Education, kanpur & Anr.), it has been held that : “It would appear that pending writ petition before the High Court the appellant obtained orders to - 4 - appear for the 4th year examination, but the result has not been declared. If the records are still available after passing the examinations, the respondents are directed to declare the result of the examination. If the appellant passes in the examination, then it would be open to the respondents to grant diploma certificate according to rules and subject to fulfillment of other conditions, if any. If the appellant does not pass in the examination, that is the end of the matter. He shall not be eligible to question the action of the respondents by filing any further writ petition in the High Court.” In this view of the matter, it is prayed that respondents may be directed to declare the result of petitioner because in present case petitioner was admitted in B.Ed. Course in pursuance of the order passed by this Court after hearing both the parties on 1/12/2006. On the other hand, counsel for the respondent has invited the attention of the - 5 - Court towards the judgment of Hon'ble Apex Court reported in AIR 2003 SC 3720 and submitted that petitioner is not entitled for the relief of declaration of her result of B.Ed. I have considered the rival submissions. On the strength of order dated 1/12/2006, not only the petitioner but other students, who were selected in pursuance of the selection process, which is under challenge, were given admission and completed the course, though subject to final decision of this writ petition. Meaning thereby, all the candidates including the petitioner were admitted to the course under the order of this Court passed on 1/12/2006 and now they have completed the course also but respondents have declared the result of all candidates except petitioner even though all the admissions were subject to final decision of writ petition. - 6 - In these circumstances, upon the fact that all the candidates, who were admitted in the course have completed the course, therefore, there is no need to enter into the merit of the case and I deem it just and proper to direct the respondent University to declare the result of the petitioner also forthwith. Accordingly, the writ petition is disposed of. (GOPAL KRISHAN VYAS),J. Pankaj Baweja