SUSHIL KUMAR MASAR Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES
LAWS(RAJ)-2013-1-180
HIGH COURT OF RAJASTHAN
Decided on January 18,2013

Sushil Kumar Masar Appellant
VERSUS
The Rajasthan University of Health Sciences and Anr. Respondents

JUDGEMENT

Vineet Kothari, J. - (1.) THE petitioner, an aspirant for admission to MBBS course, has made the following prayers in the writ petition filed by him: (i) the respondents may kindly be directed to call the petitioner for counselling and he may be admitted in the M.B.B.S. Course against the vacancies reserved for TADA candidates i.e. the S.Ts. Candidates belonging to the tribal areas; (ii) the respondents may kindly be directed to produce before this Hon'ble Court the compact disc of videography done for recording the entire examination process and same may kindly be looked into for ascertaining the correctness of the averments made by the petitioner in this writ petition; (iii) any other appropriate relief(s) as may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner; (iv) the writ petition of the petitioner may kindly be allowed throughout with costs, The petitioner belonging to Scheduled Tribe and Tribal area appeared in Rajasthan Pre -Medical Test, 2012 in the Tribal Area category and he undertook RPMT examinations conducted by the respondents on 02.06.2012 and grievance of the petitioner is that while he was writing examination on computer, his computer was got changed by the invigilator and upon protest, he was provided with another computer for writing his examination which consumed a lot of time and the petitioner was not given extra time for completing his paper and therefore, he has prayed that examination in question conducted by the respondents may be cancelled and he may be directed to be admitted in MBBS Course. The petitioner has further submitted that he has passed 12th class examinations in the year 2008 and a gap of 10% on account of vive -voce marks was there and rationalization should have been made by the respondent -University.
(2.) HAVING perused the averments made in the writ petition and after hearing the learned counsel for the petitioner at some length, this Court is of the opinion that the averments made in the writ petition are of vague nature and no relief can be granted to the petitioner on the ground raised in the writ petition, namely, that on account of change of the computer during the process of examination, he could not complete his paper within stipulated time and therefore, he secured less marks, yet he should be admitted in MBBS Course. Such a mandamus cannot be obviously given on the stated facts. This Court does not find any force in the present writ petition. Consequently, the present writ petition is dismissed. No order as to costs.;


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