Arun Bhansali, J. - (1.) THIS writ petition is directed against the order dated 28.8.2014 (Annex. -6), whereby the respondent -College has dropped the petitioner from College as he failed to maintain an OGPA of 4.00/10.00 at the end of academic session 2013 -2014.
(2.) THE petitioner after passing the Senior Secondary Examination appeared in the entrance test for admission to Agriculture University and was declared successful and granted admission in College of Agriculture, Mandor, Jodhpur. At the end of 1st semester, the petitioner obtained GPA (Grade Point Average) of 7.02. The examination for the 2nd semester were scheduled to commence from 27.5.2014 and the petitioner was issued admission card for the said examination. It is claimed by the petitioner that while the petitioner was at his native place, Gotan before the examinations, on 21.5.2014 he fell ill due to acute abdominal pain & vomiting and was treated at Government Community Health Centre, Gotan till 4.6.2014, but since the petitioner could not recover from the illness, he was referred to Government Hospital, Merta City where it is claimed that he remained under treatment till 24.6.2014; copies of sickness certificates has been annexed as Annexure -3 collectively and a fitness certificate dated 24.6.2014 has been annexed as Annexure -4. It is submitted that on account of illness, the petitioner could not appear in the examinations for the 2nd semester; the petitioner was granted admission in 3rd semester and the fees were deposited and was granted provisional registration slip in this regard. It is claimed that while the petitioner was pursuing his studies for the 3rd semester, vide impugned order dated 28.8.2014, the petitioner was dropped from the College as he failed to maintain the required OGPA. The petitioner approached the Vice Chancellor of Swami Keshwanand Rajasthan Agricultural University, Bikaner ('SKRAU'), who by his communication dated 14/30.10.2014 forwarded the same to the Registrar, Agriculture University, Jodhpur indicating that as the case pertains to the Agriculture University, Jodhpur, keeping in view the circumstances of the student, in case the University wants the student can be given admission for the 2nd semester in the Session 2014 -2015.
(3.) IT is inter -alia claimed in the writ petition that relied on Rule 1.4.6 and 1.4.7 are not applicable as the same applies to a undergraduate, who failed to maintain and OGPA of 4.00/10.00 at the end of the first academic year, as in the present case the petitioner did not fail to secure grade point below 04, but it is a case where the petitioner could not appear in the examination on account of his illness.;