Rajasthan High Court - Jodhpur
Smt. Tulsi Bhati vs The State Of Rajasthan on 10 April, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023/RJJD/008578]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16366/2021
Smt. Tulsi Bhati D/o Shri Lakhma Ram, Aged About 35 Years, By
Caste Bhati, Resident Of 47-D, Vivek Vihar, Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Technical
Education, Government Of Rajasthan, Jaipur.
2. The Chairman, Board Of Technical Education, Rajasthan,
Jodhpur.
3. The Director, Board Of Technical Education, Rajasthan,
Jodhpur.
4. The Registrar, Board Of Technical Education, Rajasthan,
Jodhpur.
5. The Secretary, Board Of Technical Education, Rajasthan,
Jodhpur.
----Respondents
For Petitioner(s) : Smt. Tulsi Bhati (petitioner in person)
For Respondent(s) : Mr. Brajesh Purohit, Dy.Govt.Counsel
with Mr. Ankan Garg, Officer Incharge
(in person).
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment Reserved on 04/04/2023 Pronounced on 10/04/2023
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
"It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction,
(i) The respondents may kindly be directed to include the name of the petitioner in the user manual for student examination form so that she may fill up examination form for Special Examination 2020-21 to appear in (Downloaded on 12/04/2023 at 11:42:09 PM) [2023/RJJD/008578] (2 of 7) [CW-16366/2021] special examination in two subjects having subject code 301 and 302.
(ii) The respondents may also be directed to accept online and offline examination form to appear in subjects having subject code 301 and 302 in special examination.
(iii) The respondent may also be directed to allow the petitioner to appear in the special examination in subjects having subject code 301 and 302 (in which she has been given back) in special examination.
(iv) any other relief which this Hon'ble Court deems just and proper in favour of the petitioners, may kindly be granted and
(v) the cost of the writ petition be allowed in favour of the petitioner."
2. As the pleaded facts would reveal, petitioner took admission for the three years' Diploma Course in Civil Engineering in Government Polytechnic College, Jodhpur for the academic session 2013-2014. The petitioner was declared successful in the First Year of Diploma Course vide mark-sheet dated 30.07.2020 as well as in the Second Year vide mark-sheet dated 17.07.2018. 2.1 As per the Rules and Regulations framed by the Board of Technical Education, Rajasthan, Jodhpur, namely, the Rules and Regulations for Diploma Courses in Engineering Annual Scheme for the year 2011-2012 and Onwards (hereinafter referred as 'Rules and Regulations'), a candidate, who fails in one or more subjects, can be given chance to pass such subjects. 2.1.1 Clause 8 (Special Examination) of the Rules and Regulations provides that, 'a Diploma student passed in Theory and Practical examinations of all the subjects other than 3rd year as well as in the consolidated sessionals of 3rd year, but fails in the Theory and/ (Downloaded on 12/04/2023 at 11:42:09 PM) [2023/RJJD/008578] (3 of 7) [CW-16366/2021] or Practical examination of one or more subject/subjects of 3 rd Year shall be allowed to appear in the Theory and/or Practical examination of subject/subjects in which he/she has failed, in the special examination for 3rd year to be conducted after suitable interval.' The subject(s) in which a student could not pass, the term used for the same is 'back in the said subjects'. 2.2 The third year of the Diploma Course consists of 10 subjects. The petitioner appeared in the 3 rd year examination in the year 2015-2016 and was given back in 7 subjects. Thereafter the petitioner appeared in the said examination in the year 2016-2017 & 2017-2018 but was given back in 4 subjects, and in 2019-2020 she had back in three subjects. The petitioner again appeared in the said examination in the year 2020-2021 but was given back in two subjects i.e. Subject Code CE 301 AND CE 302. 2.3 Clause 6.4 of the Rules and Regulations provides that a student has to pass Diploma course by the end of eight academic years from the year of enrollment failing which his/her enrollment with the Board of Technical Education will automatically be cancelled.
2.4 As pleaded in the petition, the petitioner appeared as ex student in the year 2020-2021, but failed in two subjects. The Board of Technical Education, Rajasthan, Jodhpur issued a communication dated 01.11.2021 notifying about the special examination session 2020-21 and the dates for filling the online examination forms (10.11.2021 to 24.11.2021). However, the petitioner could not fill the online form, and consequently, her enrollment stood cancelled.
(Downloaded on 12/04/2023 at 11:42:09 PM) [2023/RJJD/008578] (4 of 7) [CW-16366/2021] 2.5 Thereafter, the petitioner submitted a representation dated 19.11.2021 before the Director, Secretary and Chairman of the Board of Technical Education, Rajasthan, Jodhpur, through registered/speed post requesting that her name may be included in the user manual for student examination form so that she may fill the online form for appearing in the Special Examination 2020- 2021. However, no reply was received in response to the said representation.
2.6 Feeling aggrieved by the alleged inaction on the part of the respondents, this petition has been preferred claiming the afore- quoted reliefs.
3. The petitioner (present in person) submitted that she had passed the 1st year and 2nd year of the Diploma Course in all the subjects but was given back in two subjects in the 3 rd year. Even though the petitioner appeared in the two subjects in the Annual Examination of 2020-2021 her back could not be cleared. It was further asserted that as per Clause 8 of the Rules and Regulations, she was entitled to appear in the Special Examination in the said two subjects.
3.1 In addition, the petitioner (present in person) submitted that her enrollment had been wrongly cancelled as her 8 th year of the academic pursuit had yet to end; according to the Clause 6.4 of Rules and Regulations, a student has to pass the Diploma Course by the end of eight academic years. It was argued by the petitioner that the academic year 2020-2021 was her eighth academic year, thus her last year to pass the said Diploma Course. Accordingly, an assertion was made that she ought to have been (Downloaded on 12/04/2023 at 11:42:09 PM) [2023/RJJD/008578] (5 of 7) [CW-16366/2021] provided login to enable her to fill up the examination form for appearing in the Special Examination, but the said facility was not provided to her by the respondents.
3.2 In furtherance, the petitioner (present in person) submitted she had made representation to the Director, Secretary and Chairman of the Board of Technical Education, Rajasthan, Jodhpur, communicating her plight, however the same had fallen on deaf ears.
4. On the other hand, Mr. Brajesh Purohit, learned Deputy Government Counsel appearing with Mr. Ankan Garg, Officer Incharge (present in person) for the respondents, submitted that the petitioner had taken admission in Diploma Course (in question) in the year 2013-2014 and had passed her 1st year examination in Session 2019-2020 and her 2 nd year in Session 2017-2018. The petitioner had appeared in 3 rd year in Session 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020, special examination in 2019-2020 and 2020-2021, but each time she was declared unsuccessful, for which the respondents cannot be held liable.
4.1 It was further submitted that the petitioner appeared only in 4 subjects of 3rd year in Session 2019-2020 and cleared only one paper; thereafter, by virtue of special examination of session 2019-2020, she appeared in 3 subjects but failed in all of them; again, as per clauses 6.4 and 6.5 of Rules and Regulations she was given last chance to clear her remaining subjects in Session 2020-2021, however she was unable to clear all the subjects of 3 rd (Downloaded on 12/04/2023 at 11:42:09 PM) [2023/RJJD/008578] (6 of 7) [CW-16366/2021] year, and thus, the respondent-Board cancelled her enrollment, after the main examination of Session 2020-2021. 4.2 It was also submitted that the petitioner has availed and exhausted all the attempts in the eight academic years (as per Clause 6.4 of Rules and Regulations), but could not succeed, and hence, her name was removed from the concerned list, due to cancellation of her enrollment. It was further asserted that the petitioner was given ample and adequate opportunities to clear her back papers, but from the record, it clearly transpires that inspite of the same, the petitioner could not succeed.
5. Heard the petitioner present in person as well as learned Deputy Government Counsel appearing with the officer-in-charge (in person) for the respondents, as also perused the record of the case.
6. This Court observes that the petitioner had taken admission, to pursue three years' Diploma Course in Civil Engineering, in Government Polytechnic College, Jodhpur in the session 2013- 2014. The petitioner was declared successful in the First Year of Diploma Course vide mark-sheet dated 30.07.2020 as well as in the Second Year vide mark-sheet dated 17.07.2018. However she failed to pass all the subjects for her 3 rd year of Diploma Course, and accordingly, was given back in two subjects i.e. Subject Code CE 301 and CE 302 in the Academic Session 2020-2021 (as reflected in the document-Annexure-R/1). The petitioner had appeared in 3rd year in Sessions 2015-2016, 2016-2017, 2017- 2018, 2018-2019, 2019-2020, special examination 2019-2020 (Downloaded on 12/04/2023 at 11:42:09 PM) [2023/RJJD/008578] (7 of 7) [CW-16366/2021] and 2020-2021, but despite the same, she was declared unsuccessful.
7. Furthermore, as per the factual matrix of the present case, the petitioner also could not fulfill the requisites of Clause 6.4 of the Rules and Regulations, which requires that, 'A student has to pass Diploma Course by the end of eight academic years from the year of enrollment failing which his/her enrolment with the Board will automatically be cancelled.' Moreover, it is clear from the result of the Academic Session 2020-2021, that her eight years of enrollment were completed, and thus, such enrolment stood cancelled, which apparently happened before the communication dated 01.11.2021 notifying about the special examination session 2020-21.
8. This Court is thus of the opinion, more particularly, in view of the Rules and Regulations governing the Diploma Course in question, that despite adequate opportunities being given, as per the Rules and Regulations, the petitioner could not successfully complete the Diploma Course in question, in the manner and within the time-frame stipulated in the said Rules and Regulations; hence, this Court finds no legal infirmity in the impugned action take by the respondents, so as to grant any relief to the petition in this petition.
9. Consequently the present petition stands dismissed. All pending applications stand disposed of.
(DR. PUSHPENDRA SINGH BHATI), J.
SKant/-
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