1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.4911/1998 Sube Singh Versus University of Rajasthan and another DATE OF ORDER --- July 26,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr. S.C.Gupta, for the petitioner Mr. P.S.Tomar on behalf of Mr.R.A.Katta, for the respondent University BY THE COURT (1) By this writ petition, the petitioner is seeking a direction to the respondent University of Rajasthan to declare his result of the back paper i.e. Paper No.5 (Theory) of B.Sc. Nursing 3rd Year Examination held on 30th July, 1998 and if he passes in that paper, then the result of the 4th Year Examination may also be declared and the mark sheet of 3rd Year Examination and 4th Year Examination may be ordered to be issued to the petitioner. (2) The dispute raised in the writ petition is that the petitioner was entitled for the third chance to appear only in 5th Paper of 3rd Year B.Sc. Nursing Examination and was not required to appear in all the papers of the 3rd Year B.Sc. Nursing Examination. The University has contested the same by submitting that as per the Ordinance 299(v) of the University of Rajasthan, the petitioner was entitled for two chances. In the first chance, the petitioner's result of 5th Paper of 3rd Year B.Sc. Nursing Examination was ultimately cancelled on account of the petitioner using unfair means and in the second chance, in the year 1996, the petitioner was declared failed. Therefore, the 2 petitioner was not entitled for the third chance in 5th Paper of 3rd Year B.Sc. Nursing Examination. (3) The result of the petitioner of 5th Paper Pathology and Micro Biology (Theory as well as Practical) of B.Sc.(Nursing) Part-III Examination, 1998 was called by the Court which was produced today by the University of Rajasthan and the petitioner was declared 'failed' in the practical examination. (4) In view of the above, the dispute raised by the University of Rajasthan requiring petitioner to appear in all the papers is of academic interest and no relief can be granted to the petitioner on account of declaring him failed in practical examination of 5th Paper Pathology and Micro Biology of B.Sc. (Nursing) Part-III Examination, 1998 in third chance and that too, after more than 12 years. (5) Accordingly the writ petition is dismissed. (Prem Shanker Asopa) J. गोpa ल