- (1.) This order will also dispose of S.B. Civil Writ Petition No. 2737/95 "Dr. Vishwa Nath v. University of Rajasthan & Ors" as the question involved in both the writ petitions is same. For the purpose of convenience, the facts of this case are being mentioned and are as under:-
(2.) The petitioner appeared in his Final MBBS Examination of the University of Rajasthan from Sardar Patel Medical College, Bikaner (respondent No.2) and, according to the marksheet dated 23.3.1995 (Annex.1), he had been shown to have passed the Final Examination securing 833 marks and with grace marks of 17. He, thereafter, joined the hospital affiliated to the Sardar Patel Medical College, Bikaner as internee. Vide letter/order dated 6.5.1995 (Annex.R.1), the Controller of Examinations wrote to the Principal of respondent No.2 that due to the computer mistake the petitioner has been declared pass, but, in fact, he had failed in the subjects mentioned therein and asked that the petitioner be directed to return the original mark-sheet and provisional certificate if taken by him immediately to the University and also to ensure that the petitioner would not be allowed to join/continue the intenship on the basis of the abovesaid result which has been cancelled by the University. The respondent No.2 was further asked that the contents of the letter may be got noted to the staff of the college, but the petitioner may be allowed to take the examination in the failing subjects at the next University examination. The petitioner has approached this court by filing this writ petition alongwith the stay application.
(3.) The writ petition came up before M.R Singh, J. on 19.5.1995 when notice to show cause was issued to the respondents and it was directed that the petitioner be alloed to appear in the M.B.B.S. Examination to be held in May, 1995 but, the result of the said examination would not be declared until further orders and it would be subject to the final result of the wit petition and further that the petitioner was to be allowed to continue with the internship training which would also be subject to the decision of the writ petition. On receipt of notice, the writ petition has been contested.;