Raghuvendra S. Rathore, J. - (1.) A student of B.Ed. Course studying in Pandit Badri Prasad Teachers Training College, Bandikui district Dausa, being aggrieved of the action of the college, has filed this writ petition seeking relief that the action of the college- respondent no.5 in declaring the petitioner as short of attendance by tampering with the attendance register and not deliberately sending the sessional marks to the University be declared illegal and null and void. The petitioner has prayed that the respondent no.5 be directed to send his sessional marks to the University, it is further prayed that then Controller of Examination of the University of Rajasthan-respondent no.2 be directed to declare the result of the petitioner afresh after including his sessional marks or in the alternative the respondent no.2 be directed to allot the sessional marks to the petitioner on the basis of the written examination marks secured by him. He has also prayed to declare the attendance register as manipulated and the higher authorities be directed to take action against the college-respondent no.5. Any other order or direction be issued in his favour, has been prayed by the petitioner, which is deemed just and proper in the facts and circumstances of the case.
(2.) The broad facts of the case, are that after being successful in PTET examination of the year 2009, the petitioner was allotted Pandit Badri Prasad Teachers Training College, Bandikui District Dausa. Accordingly, the petitioner joined the college and started attending the classes regularly. It is the case of the petitioner that when he was pursuing the course, the head of institution of respondent no.5 started making illegal demands, in various names, which he was compelled to deposit. At the time of filing of the examination form, the respondent no.5 had again demanded Rs.2,000/-, in the garb of examination and stationary charges. When the petitioner resisted to the said demand by not depositing the same, the head of the college gave threat that he would be made short of attendance and also misbehaved with him. The petitioner had then, in this regard, filed a representation to the Collector, District Dausa (Annexure- 2). Similar representations were also sent to the District Education Officer, Dausa, SDO Bandikui, the Registrar, Jai Narayan Vyas University, the Education Minister, National Council for Teachers Education etc. etc. This had annoyed the head of the college and the petitioner was not allowed to attend the classes. He was threatened that his career would be spoiled and would not be allowed to appear in the final lessons as well as the B.Ed. Examination, on the ground of short of attendance.
(3.) There-upon, the Collector, Dausa directed the DEO (Secondary) to enquire into the matter. The DEO had then appointed the Principal of Abhaneri Government Secondary School as the enquiry officer and to submit the report (Annexure-3). The said inquiry officer went to the college on 16.4.2010 but he was not provided the concerning record. Neither the staff nor the students of the college were present on that day. The college-respondent no.5 had also not co-operated with the inquiry officer and he was asked to come on 19.4.2010. The inquiry officer had again visited the college on 19.4.2010 and perused the record and also recorded statements of the students who were present at that time. Some other students had also represented to the inquiry officer mentioning that the petitioner was a regular student of the college and when the head of the college had raised illegal demand which was opposed, that he was restrained from attending the classes. On completion of Inquiry, a report was submitted to the DEO, Dausa 1 mentioning that when the enquiry officer visited the college on 16.4.2010, neither any staff nor students were present. He had specifically mentioned that Rajendra Prasad Lata and Smt. Tripti Sharma were present in the college but they did not co-operate with him and had asked to come again on 19.4.2010. When the enquiry officer visited the college on 19.4.2010, there were only 49 students present, out of a total of 99. But the attendance of the students recorded in the register was more than the one actually present. The teaching staff was also not available in the college and from the record it was revealed that there were three Principals in the college. The inquiry officer 1 also stated that other students had informed him that the petitioner was regular in attending the classes but they cannot say this openly, otherwise the same action would be taken against them by the college as has been done in the case of the petitioner. While submitting the report, mentioning all the illegalities, the enquiry officer had also recommended to the DEO, Dausa that 1 the matter needs to be further enquired by the higher authorities (Annexure-5).;