1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Jai Narayan Meena & Anr. Vs. Rajasthan University of Health Sciences & Anr. (S.B. Civil Writ Petition No.1154/2010) Date of Order :- 27th January, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Vivek Sharma, for the petitioners. The petitioners are aggrieved by the fact that they have not been given the fifth chance to pass the Anatomy paper. Hence, they have approached this Court with the request that this Court may direct the respondents to grant them a fifth chance for appearing in the said paper. Admittedly, the Ordinance of the University permits only four attempts for passing a particular paper. However, the learned counsel for the petitioners has contended that since other students have been granted the benefit of fifth attempt to clear a paper, the same treatment should be extended to the petitioners as well. Moreover, in case mercy is not shown by this Court, and necessary directions are not issued to the respondents, the entire educational career of the petitioners would be destroyed. It is a settled principle of law that a concept of equality is a positive concept and is not a negative one. Merely because certain students may have been permitted to appear in the fifth attempt, in a clear cut violation of the law, this Court cannot 2 direct the respondents to give the benefit of fifth attempt to the petitioners. Moreover, this Court cannot direct the commission of an illegal act. For, a Court can never be a party to an illegal act. As far as the mercy of the Court is concerned. Although it is said that “justice should be tempered with mercy”, but mercy cannot be stretched to the extent of violating the law. Mercy can be shown only within the parameters of the law. Thus, much as this Court may have mercy for the petitioners, this Court finds it difficult to direct the respondents to violate the law and to permit the petitioners to sit for the fifth attempt for passing the paper. In this view of the matter, the petition is devoid of any merit. It is, hereby, dismissed. (R.S.CHAUHAN)J. Manoj Solanki-