- (1.) In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
(2.) The present writ petitions are common to the extent that all pertains to Jai Narain Vyas University, Jodhpur and the petitioners herein are contesting their right to give their respective examinations. Counsel for the petitioner submits that looking into extreme hardship caused to students due to pandemic Covid-19, an extra-ordinary situation has arisen leading to disturbance in academic schedule, resulting into all of the students coming to this Court for saving their academic year. Counsel for the petitioner submits that they are students of B.Com, B.A., B.Sc, M.Sc, M.A., LLB and BBA LLB.
(3.) The basic contention of counsel for the petitioner is that due to extreme pandemic condition lock-down, curfew/restriction, the petitioners could not fill-in their examination form in time, thus, were deprived of their right to appear in their respective exam and upon approaching this Court, this Court permitted them to appear in exam provisionally without creating any right in their favour. Counsel for the petitioner submits that outcome of their appearing in respective examination under the interim order is that they ought to be given benefit of being promoted according to their results. Counsel for the petitioner further submits that right to education is a fundamental right even in higher education and any deviation from academic year would result into extreme hardship and disturbance to the career of petitioners. Counsel for the petitioners have relied upon the following judgments passed by this Court in :- Gulabchand Vs. University of Jodhpur and Ors. (S.B. Civil Writ Petition No. 1979/1984, decided on18.01.1985); Smt. Neetu Choudhary Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No.6556/2005, decided on 01.12.2006); Nitesh Kumar Goyal and Ors. Maharaja Ganga Singh University, Bikaner and Ors.(D.B. Civil Special Appeal (W) No.244/2016, decided on 25.05.2016); Niharika Tak Vs. The University of Jodhpur (D.B. Civil Special Appeal No.72/1981, decided on 12.01.1983); Shilpi Lodha Vs. Registrar, National Law University (S.B. Civil Writ Petition No.2354/2017, decided on 22.05.2017). ;