Sangeet Lodha, J. - (1.) THE petitioners, who are pursuing the studies of MBBS course, have filed these writ petitions assailing the legality of the orders dated 18.9.14 issued by the Controller of Examination, Rajasthan University of Health Sciences ('University'), whereby in exercise of the power conferred under Ordinance 152(4) of the University, they have been declared disqualified for appearing in the examination for a period of two years including the examination wherein they had appeared.
(2.) THE petitioners appeared in MBBS First Year/Second Year/Third Year Examinations Main/Remanded, conducted by the University in the month of January, 2014. The result of the examinations was declared on 29.4.14 on official website of the University. The petitioners were declared fail in different subjects. Thereafter, the petitioners received the certified copies of the mark sheets, wherein they were shown to have passed in the examinations. Accordingly, on the strength of the certified mark sheets, they were granted admission in the next higher classes by the University/Colleges. However, later it was detected by the University that the mark sheets issued to them prepared by the computer firm showed them pass whereas, they had failed in the respective examination/papers. In these circumstances, pursuant to the decision taken by the Examination Committee in its meeting held on 24.5.14, vide notice dated 9.8.14, the petitioners were directed to appear before the Examination Committee in person alongwith the mark sheets issued for personal hearing. Thereafter, vide order dated 18.9.14 issued by the Controller of Examination, in exercise of the power conferred under Ordinance 152(4), the petitioners were declared disqualified for a period of two years including the examination they had appeared. Hence, this petition. By interim orders passed by this court in various writ petitions, the petitioners were permitted to attend the classes regarding which they had filled up forms and had deposited the fees on the strength of the certified mark sheets issued to them. They were also permitted to fill up the examination form, however, it was specifically ordered that they shall not be permitted to appear in the examination without permission of the court.
(3.) ON 21.11.14, while admitting the writ petitions, the interim order granted by this court earlier as aforesaid, was modified and it was ordered that the effect and operation of order dated 18.9.14 passed by the University in case of all the petitioners seeking to impose punishment under Ordinance 152(4) shall remain stayed during the pendency of the writ petitions. It was further ordered that admissions of the petitioners to the respective classes, which have been continued under the orders passed by this court, shall be kept in abeyance and shall be revived only if they clear their respective remanded/regular exams./papers, based on corrected mark sheets produced by the counsel for the University in reply to the writ petitions and/or to be supplied by the learned counsel for the University to learned counsel appearing for the respective petitioners. That apart, it was ordered that the petitioners shall be permitted to appear in the respective exams, on the basis of the corrected mark -sheets produced by the University alongwith its replies, as per the University calender. The order passed as aforesaid was made subject to the final outcome of the writ petitions. Pursuant to the order passed as aforesaid, the petitioners have appeared in respective examinations/papers and their results are produced before this court.;