JUDGEMENT
SHARMA, J. -
(1.) Heard learned counsel for the parties.
(2.) This writ petition has been filed by the petitioner under Article 226 of
the Constitution of India with the following prayers:
"non-petitioners No.1 to 3 may kindly be directed to allow petitioner in
Secondary Examination 2009 as a regular student, which is going to
commence from 23.3.2009.
further the letter (Annexure-1) dated 3.3.2009 may kindly be quashed
and non-petitioners No. 1 to 3 may kindly be directed to condone the
short of attendance.
Any other appropriate order may also be made in favour of the
petitioner."
(3.) Brief facts of the case are as under:
The non-petitioner No. 3 is established by the Rajasthan Secondary
Education Act, 1957. The petitioner is a regular student of secondary class in
non-petitioner No. 3. The petitioner took admission in the school and
thereafter she filed examination form for the secondary school examination
and the form was forwarded by the non petitioner No. 3. The non-petitioners
No. 1 and 2 accepted it. The petitioner was allotted roll number, which are
0549263.
The petitioner was sick and due to sickness, she could not attend the
class from 4.10.08 to 21.10.08, 3.1.09 to 10.1.09 and 19.1.09 to 27.1.09 and
12.2.09 to 21.2.09. The petitioner has also annexed the copies of the sickness
certificates and application was also given to the non-petitioner No. 3.
The non-petitioner has given a letter dated 3.3.09 to the petitioner
informing her that her attendance is short, therefore, she is not allowed to sit
in the examination of the secondary education 2009. In the letter it was also
mentioned that the petitioner has only 55% attendance and according to the
rules minimum 75% attendance is required.;
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