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Judgment
Narendra Kumar Jain, J.—Application for early listing of the writ petition is allowed.
At the request of parties, arguments were heard and the writ petition is being disposed off finally.
Petitioner was admitted in MBBS Course in the year 2002, she appeared in the IInd year MBBS Examination held in the month of May, 2005, September, 2005 and September, 2006 in Microbiology subject, where her PUC marks in theory and practical were 6-6 respectively and she was declared fail all the times. She again appeared in the Sessional (Internal Assessment) examinations held in May, 2007 for improvement of marks, where she was awarded 11 and 12 marks in Microbiology subject in theory as well as in practical respectively, but without incorporating the said marks i.e. 11 and 12, Petitioner was again declared fail. A copy of mark-sheet of MBBS IInd year examination held in May, 2007 has been annexed as Annexure-1 with the writ petition. Therefore, Petitioner filed the present writ petition with a prayer that Respondents may be directed to incorporate 11 and 12 marks, as obtained by Petitioner in theory as well as in practical examination in Microbiology subject in Sessional (Internal Assessment) Examination conducted in the month of May, 2007 and to issue a fresh mark-sheet to Petitioner declaring her to have been passed in Microbiology subject.
A notice to show cause was given to Respondents and in reply thereto, Respondent Nos. 1 and 4 have admitted the above facts and submitted that since Petitioner failed number of times, therefore, due to inadvertence, above marks of examination took place in the month of May, 2007 could not be sent correctly.
There is no controversy between the parties so far as marks obtained by Petitioner in MBBS IInd year examination took place in the month of May, 2007 is concerned.
Similar controversy was considered by this Court in S.B. Civil Writ Petition No. 13090/2010- Lokesh Kumar Parmar v. Rajasthan University of Health & Sciences and Ors., decided on 09.11.2010 and a direction was issued to Respondents to incorporate correct marks of Petitioner and to issue a fresh mark-sheet to Petitioner.
In view of above discussions, I allow the writ petition and direct the Respondents to incorporate 11 and 12 marks, obtained by Petitioner in theory as well as in practical examination in Microbiology subject in Sessional (Internal Assessment) examination conducted in the month of May, 2007 in MBBS IInd year and issue a fresh mark-sheet thereof to Petitioner within two weeks from the date of receipt of certified copy of this order.
Since the writ petition itself has been allowed, therefore, the stay application also stands disposed off.