G.M.LODHA, J. - (1.) PETITIONER , Mrs. Kalpna Kumbhat, was a student of M. Sc. (Zoology) (Final). She appeared in the examination of M. Sc. (Final) in the year 1980. On July 8, 1980, she was hospitalised on the night intervening 7th and 8th July, 1980, where she delivered a child.
(2.) AFTER her maternity period was over, she moved an application to the University of Jodhpur for permitting her to appear in the practical examination, which she could not give on 8th July, 1980 for the reasons, mentioned above. As the University failed to grant any relief inspite of repeated requests, she has approached this Court for the following relief Under Article 226 of the Constitution of India; - - (i) The University may be directed to reconvene the practical examination for petitioner and to issue fresh marksheet after adding the marks obtained in the practical examination and to award appropriate merit or (ii) The University may be directed to allow the petitioner to appear in the practical examination in the ensuing examination (iii) the Ex. 3 be quashed and set aside. Petitioner claims to be a meritorious student having secured highest marks in M. Sc. (previous) in 1978 -79. The examinations were scheduled to take place in the month of May, 1980, but the University could not implement the decision of the Head of Department of Faculty of Science. The dates were then fixed for practical examinations on 7th and 8th July, 1980, but the same were postponed to 8th and 9th July, 1980. As per details given in the writ petition, as earlier as on July 9, 1980, she moved an application mentioning that she has delivered a ehild and therefore, could not appear on 8th July, 1980. It was prayed that the practical examinations may be arranged for her again. This was accompanied by a medical certificate. When her request was turned down by letter dated the 29th July, 1980, she made another representation to the Vice -Chancellor on August 2, 1980. It was requested that her practical examinations should be taken and the result of the M.Sc. should be announced thereafter. A reminder was sent on August 14, 1980.
(3.) THE University declared the result on August 17, 1980. The petitioner was declared to have passed the examination in Second division with 59% marks and no marks were given in the practical examinations, in which she could not appear for the reasons, mentioned above.;