SHRIRAM JAT Vs. UNIVERSITY OF RAJASTHAN & ANR.

JUDGEMENT

(1.) THIS petition has been filed with the prayer that the respondent -University of Rajasthan be directed to declare the result of the petitioner for the B.Ed. Examination -2012 written by him. The case of the petitioner is that after passing B.Sc. Examination from University of Rajasthan in the year 2009, he wrote the PTET examination -2011 conducted by the Jai Narain Vyas University, Jodhpur. Being successful in the said examination, the petitioner after counselling was admitted to the Gaurav College of Education Chomu for pursuing his B.Ed. course for academic session 2011 -12. The petitioner deposited the requisite admission fee with the respondent -College and studied in the respondent -college as a regular student. It is submitted that thereafter the petitioner filled up the form of B.Ed. examination for and wrote the said examination conducted in the month of September, 2012. It is submitted that however on the declaration of the result on 29.11.2012 following the B.Ed. examination -2012 held in September, 2012, the petitioner found that his result has not yet been declared. All efforts to persuade the respondent -University to declare the petitioner's result having failed. The petitioner required his counsel to issue a notice for demand of justice on 04.01.2013, but to no avail. Hence this petition.

(2.) ON service of notice, reply to the petition has been filed by the Principal of the Gaurav College of Education Chomu where the petitioner is stated to have studied. It has been stated that though the petitioner did indeed take admission into B.Ed. course at the Gaurav College of Education, Chomu, but he remained absent almost at all times such that he attended only 2 classes out of 218 classes held in the academic session 2011 -12. It is submitted that in compliance with the directions of this Court in SBCWP No. 4557/94 and in SBCCP No. 87/97, the Registrar of the University of Rajasthan, Jaipur has mandated all affiliated colleges to strictly comply with the requirement of minimum 75% attendance for regular students. It has been submitted that being short on attendance and not being eligible to write the B.Ed examination -2012, the petitioner yet filled up online application form for the said examination. It was on his own risk as he was not eligible to appear in the said examination due to shortage of attendance. It has then been submitted that even though the petitioner was a student of Gaurav Government College of Education, he manipulated to obtain a permission letter for writing the B.Ed. examination -2012 from Vinayak P.G. College. Thereafter the petitioner sought to misguided the respondent -college that he had written the B.Ed. examination -2012 with the approval of the University of Rajasthan and that consequently the respondent -College was obliged to allow the petitioner to take the practical examination. It has been stated that in these circumstances, Gaurav Government College of Education was misguided and in spite of the petitioner being short on attendance (only 2 out of 218) allowed the him to appear in the external examination. However, on enquiry subsequently it came to the notice of the respondent -College that the petitioner had been wrongly allowed/manipulated to appear in the B.Ed. Examination -2012 in spite of being short on attendance (only 2 out of 218) and contrary to the directions of this Court in SBCWP No. 4557/94 and in SBCCP No. 87/97. In these circumstances, the respondent -College made complaint in writing to the examination Controller on 17.09.2012 for enquiring into the matter as to how the petitioner woefully short on attendant as aforesaid was allowed to write the B.Ed. Examination -2012. It has been submitted that the petitioner has no case to agitate before this Court and the forum of this Court cannot be utilized to allow the petitioner the benefit of B.Ed. Examination -2012 notwithstanding the false and wild allegation with regard to demand of Rs. 30,000/ - by the respondent -College as bribe for declaration of his B.Ed. Examination -2012 result. It has been submitted that in this view of the matter, the petition is without force and deserving of dismissal.

(3.) IN my considered opinion, in the facts of the case where the petitioner is stated to have only 2 out of 218 attendance in the classes held for B.Ed. course in the academic session 2011 -12 at the respondent -College where he was a student - it is plain that the petitioner is shockingly short on the requisite 75% attendance. In fact his attendance comes up only to 1% of the classes held in the academic session 2011 -12. This Court in SBCWP No. 4557/94 has directed that the Registrar, University of Rajasthan should ensure strict compliance of the 75% attendance rule for regular students. In pursuance of the said direction of this Court, the Registrar, University of Rajasthan vide letter dated 27.08.2011 addressed to all Principals of affiliated colleges has required them to ensure that no violation of University of Rajasthan Ordinances 144 & 145A takes place with regard to 75% attendance rule for regular students - more so as it had been directed by this Court that strict compliance therewith be made. In the facts of the case, I find no force in the petition and the same is dismissed. Stay application also stands dismissed.