1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC.APPLICATION NO.23/2009 in S.B. CIVIL WRIT PETITION NO.1671/2008 Kalpana Kumari Versus The University of Health Sciences and anr. Date of order ::: February 09,2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Anoop Dhand, for the petitioner Dr.Y.C.Sharma, for the University Heard learned counsel for the parties on the miscellaneous application filed for directing the respondent University to issue the mark-sheet of 4th Year B.D.S. Examination conducted in the month of August, 2007 and August, 2008 forth with after dismissal of the writ petition vide order dated 13.1.2009 as having become infructuous on account of perusing the result wherein the petitioner was declared failed. Counsel for the petitioner submits that the form of the final year of remand batch of B.D.S. will be filled from tomorrow, therefore, direction as prayed above may be issued. Counsel for the respondent University 2 submits that the Court has not decided the eligibility issue of the petitioner to appear in the final year examination of BDS conducted in the month of August, 2007 and August, 2008, therefore, no direction for issuance of the mark sheet can be given. I have gone through the miscellaneous application and further considered the submissions of counsel for the parties. In my view, since the eligibility of the petitioner to appear in the final year examination of BDS conducted in the month of August, 2007 and August, 2008 is in dispute and the same has not been resolved therefore, no direction as prayed by the petitioner can be issued. However, it is open to the petitioner to give a representation to the respondent University on which the respondent University shall pass appropriate order forthwith. The miscellaneous application is disposed of. (PREM SHANKER ASOPA) J. गोपाल