CW 11161/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.11161/2008 Prahlad Chand Sharma Versus University of Rajasthan & Ors. Date of Order ::: 20/07/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Gaurav Gupta, for petitioner Mr. SN Sharma, for respondent University Petitioner is a regular student of LL.B. and took admission in Mahavir Law College, Jaipur (respondent No.3); and appeared in all papers of LL.B. 1st Year (New Scheme) examination held in June, 2004 except Viva Voce of Public Interest Law; and thereafter also appeared in 2nd & 3rd year of LL.B. examination held respectively in June, 2005, May, 2006, May, 2007 & December, 2007, in which he cleared all the papers of LL.B., as is evident from mark sheets (Ann.1, 4 to 7). Only grievance raised herein is that though petitioner did not appear in practical examination of paper-subject Code IX-b-9012-Viva Voce -Public Interest Law of 20 marks LL.B.-Part I held in June, 2004 (Ann.1) and appeared therein on 08/11/04 alongwith three other candidates while he was allotted Roll No.”X” (Ann.2) – result whereof was also not declared by respondent University – in absence whereof, CW 11161/08 //2// LL.B. degree is not being issued to him. Counsel for petitioner submits that once petitioner appeared in practical examination (Viva Voce -Public Interest Law of LL.B. (1st Year), there was no justification for University to withhold his result & final degree, which is causing prejudice to him. Counsel for respondent University on the other hand submits that since the petitioner had not filled up form for appearing in Viva Voce -Public Interest Law of LL.B. (1st Year) and even if his name finds place in Ann.2, no right could have accrued to him. Suffice it to say that once petitioner indisputably appeared in practical examination Viva Voce -Public Interest Law of LL.B. (1st Year) on 08/11/04 as is evident from Ann.2 and from the result sheet shown to this Court, he secured 17 marks out of 20 marks – xerox copy whereof is produced by Counsel for University during arguments. In this view whereof, there is no justification available for respondent University to withhold final degree for being issued in favour of petitioner. Consequently, writ petition stands allowed. Respondents are directed to declare formal result of paper subject Code XI-b-9012- CW 11161/08 //3// Viva Voce -Public Interest Law of LL.B. (1st year), in which petitioner appeared on 08/11/04, within two weeks of receipt of certified copy of this order, and his final result of LL.B. (New Scheme) be declared and if qualified, the degree of LL.B., may be awarded to him. No costs. (Ajay Rastogi), J. K.Khatri/p.3/11161CW08July20UOR.doc