Granting Relief Post Conduct of Examinations Impractical: Rajasthan HC
28th June 2021, the High Court of Rajasthan in Mahendra Choudhry v. Jai Narayan Vyas University held that where an exam has already been conducted a relief directing the university to allow the appellant to appear for the examinations cannot be granted.
A Single-judge bench of Vijay Bishnoi held:
Having heard learned counsel for the parties and keeping in view the fact that the relief prayed for in this writ petition could not be granted to the petitioner as the examinations have already been concluded, this writ petition is dismissed as infructuous.
The petitioner through a writ petition sought permission to appear for the Bachelor of Engineering (B.E.) 3rd Semester (second year) examination 2021 and first-year examination while submitting that said exam had already been conducted prior to filing of the petition. The petitioner additionally submitted that, although he could not appear for the examinations, he had deposited the examination fees and therefore sought directions from the court directing the university either to refund the fee amount or to adjust it against the next semester.
After hearing the petitioners claim, the court concluded that the relief prayed by the petitioner could not be granted as the examination has already been conducted.
On the subject of fee deposited, the Court said:
However, the petitioner is free to move an application before the respondent university with the prayer either to refund the fees of B.E. IInd year IIIrd Semester Examinations 2021 or to adjust the same in the next session.
In summary, the Court dismissed the petition.
Rasmita Behera | Research Intern | EduLegaL
Swapna Iyer | Legal Editor | EduLegaL