D.C. Daleta, J. - (1.) The petitioner got herself registered for the award of Ph.D. Degree, with the University of Rajasthan, on 11.10.93. She pursued her research-work from 28.5.93, upto 17,6.96, when she submitted her thesis. The thesis was evaluated and was approved on 3.2.97. The petitioner applied for admission to three years' Diploma Course in Modern Office Management and was admitted by the Director, Technical Education, Rajasthan, Jodhpur. She passed her First Year Examination of Modern Office Management, in the Academic Session 1995-96. She was then admitted to Second Year of the above-said course. A notice was issued to the petitioner, by the respondent No. 1. In the said show-cause notice, a reference has been made to the Term & Condition No. 9(Ja) of the circular, attached to the application-form. It has been alleged that while pursuing the three years' Diploma Course in Modern Office Management, the petitioner has obtained the Degree of Ph.D. and thus violated the aforesaid term & condition, and as such, her admission is liable to be cancelled. The petitioner, therefore, apprehends that her admission is likely to be cancelled and she would not be allowed to appear in the Second Year Examination of the Modern Office Management. Feeling aggrieved thereby, she has preferred this writ petition.
(2.) The respondents Nos. 1 & 3, in their reply to the writ petition, have contested the petition. They have contended that the Condition No. 9(Ja) of the brochure, containing the relevant rules/instructions, governing admission to Diploma Course in Modern Office Management, provides that the student would not be permitted to appear in any other examination, conducted by any other Board or University, during the period he/she remains in the study with the Board, and that if it is found that the student has appeared in any examination, held by other Board or University, then, his/her admission & enrolment is liable to be cancelled. According to the said respondents, while the petitioner was pursuing her Diploma Course in Modern Office Management, she was simultaneously studying & appearing for the examinations for the award of Ph.D. Degree, and thus, the Term & Condition No. 9(Ja) has been violated. The said respondents have also alleged that the petitioner did not divulge this information and thus concealed the material facts. The respondents Nos. 1 & 3 have also contended that the impugned show-cause notice has not been issued to the petitioner, at the instance of the respondent No. 2, as alleged by the petitioner.
(3.) The respondent No. 2, in his separate reply, has denied to have anything to do with the impugned show-cause notice. He has also denied that he is annoyed with the petitioner and as such he is instrumental in the issue of the show-cause notice.;