Rajasthan High Court - Jaipur
Kajal Saini D/O Bachchu Singh Saini vs Coordinator, Ptet 2020 on 11 March, 2022
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13094/2021
Kajal Saini D/o Bachchu Singh Saini, Aged About 21 Years, R/o
Bhudagate, Deeg, District Bharatpur (Raj.).
----Petitioner
Versus
1. Coordinator, PTET 2020, Rajasthan University, Jaipur.
2. The Principal, Government Dungar College, Bikaner
(Rajasthan) India P.T.E.T.-2020.
3. College Of Bharti Teacher Training Mahila College, NH 11,
Lalsot Road, Tehsil Nangal Rajawthan, Badagavon, District
Dausa Through Its Principal.
4. Registrar, Rajasthan University, Jaipur.
----Respondents
Connected With S.B. Civil Writ Petition No. 12888/2021 Chetna Sharma D/o Govind Sahai Sharma, Aged About 20 Years, R/o Village And Post Salempur, Tehsil Sapotra, District Karauli.
----Petitioner Versus
1. University Of Rajasthan, J.L.N. Marg, Jaipur Through Its Registrar.
2. Controller Of Examination, B.Ed.-2021, University Of Rajasthan, J.L.N. Marg, Jaipur.
3. Director, Bharati Teacher Training Mahila College, NH-11A, Lalsot Road, Badagavon, Dausa.
4. Principal, Bharati Teacher Training Mahila College, NH-
11A, Lalsot Road, Badagavon, Dausa.
----Respondents For Petitioner(s) : Mr. S.K. Gupta, Senior Advocate with Mr. Narendra Kumar Saini and Mr. V.D. Agnihotri for Mr. Jeetendra Kumar Pandey (Downloaded on 12/03/2022 at 08:59:47 PM) (2 of 5) [CW-13094/2021] For Respondent(s) : Mr. Indresh Sharma, Mr. Ajit Maloo and Mr. R.K. Paliwal for Mr. R.A. Katta HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 11/03/2022 Although, the matters have come up on applications filed by the respective parties but, the writ petitions were heard finally at this stage as directed by this Court vide order dated 09.03.2022.
Since, these writ petitions share common facts and involve common question of law, they were heard together and are being disposed of vide this common order.
In both the writ petitions, the petitioners, students of B.Ed. in the respondent no.3-college, have been denied permission to appear in the B.Ed. Part-I Examination-2021 on account of shortage of attendance. While, in the SBCWP no.13094/2021, nothing has been stated with regard to either shortage of attendance or the reason for such shortage; in the SBCWP No.12888/2021, it has been stated that she was misbehaved with by the college administration and after resolution of the dispute, she started regularly appearing in the college. It is also stated that she could not attend the college on account of Covid-19 since April, 2021 and also for the reason that she suffered from Typhoid in January, 2021 and August, 2021. It is, therefore, prayed in the writ petitions that the respondents may be directed to permit them to appear in the B.Ed. Part-I Examination and to complete their course.
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(3 of 5) [CW-13094/2021] The respondents have, in their reply, submitted that none of the petitioners had the requisite attendance and hence, in view of provisions of the Ordinance 323 of the University of Rajasthan, they were not permitted to appear in the examination. It is stated that notices were issued to the petitioners to attend the college regularly lest on failure to secure the minimum attendance required, they would not be permitted to undertake the examination. It is averred that while the petitioner-Kajal Saini has submitted her affidavit (Annexure-R/4/6), stating therein that she has not attended the college on her own from 08.02.2021 to 18.08.2021 and she would be liable if her attendance falls short of the requisite criteria, the petitioner-Chetna Sharma has submitted an affidavit dated 09.03.02021 stating therein that she would regularly attend the college from 09.03.2021 onwards and she would be responsible if there is shortfall in her attendance. Drawing attention of this Court towards the affidavit of the Principal of the Institute (Annexure-R/1/1), learned counsels submitted that only 3 students could not appear in the examination on account of shortfall in the attendance; otherwise, rest 47 students were eligible qua the attendance parameter and hence, it does not lie in the mouth of Ms. Chetna to say that she could not attend the college on account of Covid-19. They, therefore, prayed for dismissal of the writ petitions.
Reiterating the submissions made in the writ petitions, learned counsels for the petitioners contended that the petitioners are eligible and entitled for appearance in the B.Ed. examination as well as to pursue and complete the course. They, therefore, prayed that the writ petitions be allowed in terms prayed for. (Downloaded on 12/03/2022 at 08:59:47 PM)
(4 of 5) [CW-13094/2021] Per contra, learned counsels for the respondents contended that since the petitioners have failed to secure the requisite attendance in terms of Ordinance 323 of the University of Rajasthan, they are not eligible and entitled to appear in the examination and pursue the course further.
Heard. Considered.
Ordinance 323 of the University of Rajasthan reads as under:
"No candidate shall be allowed to appear in the B.Ed. examination part-I and II unless he/she has attended (80% for all course work & practicum, and 90% for school internship)."
Indisputably, none of the petitioners had the requisite attendance enabling them to appear in the B.Ed. Examination Part-I. While, the petitioner in SBCWP no.13094/2021 has not assigned any reason for not attending the college; rather, has concealed that she received the notices to attend the college and has submitted her affidavit (Annexure-R/4/6) stating that she failed to attend the college from 08.02.2021 to 18.08.2021 on her own, the reason assigned by the petitioner in SBCWP no.13094/2021 cannot be countenanced inasmuch as out of 50 students of B.Ed. Part-I in the respondent no.3-Institution, 47 students have fulfilled the attendance criteria. It is trite law that if a student does not fulfill the attendance criteria, the Court cannot come to his/her rescue in its writ jurisdiction in absence of any provision for relaxation. A Division Bench of this Court in case of Kunj Bhihari Saini & Anr. vs. State of Rajasthan & Ors.: D.B. Special Appeal Writ No.954/2021, vide its order dated 11.11.2021, dismissed the special appeal against dismissal of the writ petition by the learned Single Judge wherein the petitioner (Downloaded on 12/03/2022 at 08:59:47 PM) (5 of 5) [CW-13094/2021] has sought permission to appear in the examination despite failing to secure minimum required attendance. Another Division Bench judgment of this Court dated 12.07.2019 in case of Manoj Kumar Mundotia & Ors. vs. University of Rajasthan & Ors.: D.B. Civil Special Appeal (Writ) No.1481/2018 held that a candidate who has failed to complete the required minimum attendance, cannot be permitted to appear in the examination.
In view of the aforesaid undisputed facts and in the backdrop of judgment of this Court, the writ petitions deserve to be dismissed.
The writ petitions are dismissed accordingly. The pending applications also stand disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J MADAN/Lakshya/336-337 (Downloaded on 12/03/2022 at 08:59:47 PM) Powered by TCPDF (www.tcpdf.org)