Mohammad Rafiq, J. - (1.) THIS petition has been filed by two Petitioners, namely, Anuj Kumar and Manoj Khandelwal, who are students of Master of Business Administration (MBA) in Respondent No. 4 Institute of Engineering Technology, Alwar, which is affiliated to Respondent University of Rajasthan. Petitioners were admitted in that course in academic year 2004 -05. They appeared in MBA Part I Examination in the year 2005 and in MBA Part II Examination in the year 2006. They cleared few papers in both parts of said examination but they could not clear all the papers and therefore they were required to appear again in some of back papers in 2007 -08. However, they could not clear one paper of MBA Part II Examination. When they were due to appear in that paper in September, 2009, the Respondent University of Rajasthan denied them permission to appear therein on pretext that they already attempted maximum permissible four attempts and therefore they cannot be allowed to appear therein. Petitioners then approached this Court by filing present writ petition.
(2.) MRS . Naina Saraf, learned Counsel for Petitioners has cited judgment dated 29th January, 2008, of a coordinate bench of this Court delivered in a bunch of 16 writ petitions leading S.B. Civil Writ Petition No. 3407/2006 Miss Tanila Manglani v. UOR and Ors. and argued that present matter is squarely covered by aforesaid judgment wherein this Court held similar action of the University in denying opportunity to Petitioners therein to appear in due paper of MBA Examination to be illegal and further directed the University to declare the result of those Petitioners who appeared in due paper under interim order of this Court and if they passed out examination of due papers and secured necessary aggregate marks then their necessary certificates of qualifying examination be issued. Learned Counsel submitted that in present case also Petitioners were permitted to appear in due paper under interim order of this Court dated 10.12.2009 with direction that their result shall not be declared till decision of writ petition.
(3.) SHRI Rajvir Sharma, learned Counsel for Respondents University opposed writ petition but could not dispute that present matter is squarely covered by aforesaid decision of this Court in Miss Tanila Manglani (supra).;