Rudresh Solanki and Others vs University of Rajasthan and Others

Narendra Kumar Jain J.

Heard learned counsel for the parties.

The matter has come for orders on an application filed by the Petitioners, but at the request of learned counsel for the parties, arguments were heard and writ petition is being disposed off finally.

Petitioners have preferred this writ petition with a prayer that the Respondents may be directed to issue mark-sheets of the Petitioners of B.Sc., Nursing Part II and III.

During the course of arguments, learned Counsel for the Petitioners submitted that so far as B.Sc., Nursing Part III is concerned, the dispute does not exist and he press this writ petition only in respect of B.Sc., Nursing Part II, therefore, as ordered vide interim order dated 19.08.2011, passed by this Court, the Respondent-University may be directed to declare the result of the Petitioners for the examinations of B.Sc., Nursing Part II.

Learned counsel for the Respondents submitted that although he has brought result of the Petitioners, but his legal objection is that for the same relief with regard to examination of B.Sc. Part II, the Petitioners had earlier preferred S.B. Civil Writ Petition No. 6970/2008, which was disposed off vide order dated 19.12.2008, therefore, this writ petition is not maintainable.

Learned counsel for the Petitioners submitted that earlier writ petition was filed by the Petitioners at the stage when sessional marks of the Petitioners were not included and they were declared failed. Now, there is a change of circumstance that sessional marks of the Petitioners have now been sent to University by the concerned college, therefore, the Respondent-University may be directed to declare the result of the Petitioners of B.Sc., Nursing Part II after adding their sessional marks also.

Be that as it may, after considering all the facts and circumstances of the case, particularly, an additional factor that sessional marks of the Petitioners have now been sent to Respondent-University by concerned college, writ petition is disposed off with a direction to Respondent-University to declare the revised result of the Petitioners of B.Sc., Nursing Part II after adding their sessional marks sent by concerned college.

Although the result of the Petitioners has been brought in the Court in the sealed cover envelop, but the same has not been opened in the Court, therefore, Respondent-University is directed to declare the same within a week.

In view of above, application dated 11.04.2011 also stands disposed off.