CW 3797/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3797/08 Virendra Singh Rathore Versus University of Rajasthan & Ors. DATE OF ORDER : 08/05/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Mahendra Sharma, for petitioner Dr. Y.C. Sharma, for respondents *** Instant petition is directed against inaction of the respondents and despite he appeared as non-collegiate candidate in the practical of Geography of B.A. Part III Examination, 2007, no marks were awarded to him by the External & Internal examiners which infact has caused prejudice to the petitioner. Petitioner is a defence personnel joined under graduate course [B.A.] as non-collegiate candidate. In the subject of Geography apart from written examination, one has to qualify practical examination also. This fact remained undisputed that petitioner being non-collegiate candidate appeared in the practical of Geography of B.A. Part III Examination, 2007. When his result was not declared by the respondent-University, he submitted representation & also served legal CW 3797/08 [2] notice taking note of his grievance, the respondent realised its mistake and considered it appropriate to permit the petitioner to appear in the practical examination of Geography of B.A. Part III without charging any examination fee in terms of Ordinance 167-G(2) of the University of Rajasthan. This communication was sent to the petitioner on 21st May, 2008 which has been placed on record by the respondents along with reply. When the matter came before this court, counsel for petitioner was directed to seek instructions as to whether the petitioner is now ready to appear in Geography Practical Examination of B.A. Part III since he is a defence personnel and he has to undergo certain formality while seeking permission to appear in the examination. Counsel for petitioner submits that his client is ready to appear in the practical examination in terms of letter dt.26/5/08. However, some time may be given to him so that he can seek prior permission from his authority. This is not disputed by counsel for respondent also as already agreed and on instructions Mr. Sharma inform this court that they are ready to CW 3797/08 [3] hold special examination for the petitioner obviously when there was no fault of his, he cannot atleast be deprived of his legitimate right from appearing in the examination. Consequently, writ petition stands allowed. Respondents are directed to allow the petitioner to appear in B.A. Part III Geography Practical Examination without charging any fee for which the petitioner may be informed in advance and after giving reasonable time being a defence personnel, Practical Examination may be held by the respondent-University and his result of B.A. Part III Examination may be declared within three weeks of his Practical Examination. [AJAY RASTOGI], J. FRBOHRA3797CW08 8-5.doc