Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioners are seeking directions to the respondents to allow them to appear in B.Ed. Examination, 2013.
(2.) THE case of the petitioners is that they qualified Pre Teachers Entrance Test, 2012 and were admitted to B.Ed. course in Chopasni Teachers Training College, Jodhpur, which is affiliated to Jai Narayan Vyas University. It is stated that the petitioners started their regular studies of B.Ed. course in the college. It is submitted that on 6.12.12, the petitioners filled the online examination form for B.Ed. Examination, 2013 and deposited the requisite fees on 11.12.12. The examinations were scheduled to commence w.e.f. 22.7.13, however, when the petitioners logged on to the website of the respondent -University to download their admission cards, their admission cards were not available online. On petitioners approaching the respondent University as well as college authorities, they were informed that they are debarred from appearing in the examination on account of shortage of attendance as well as for not participating in the academic activities. Hence, this petition. On 22.7.13, while issuing notices to the respondents, an interim order was passed by this court in favour of the petitioners in the following terms: "In the meanwhile and until further orders, the respondent Jai Narain Vyas University, Jodhpur, Controller of Examination/Coordinator Exams 2013 -14, Jai Narain Vyas University, Jodhpur and the Center Superintendent, Shri Nakoda Parshvanath Jain Mahavidhyalaya, Sector B, Saraswati Nagar, Near St. Anne's School, Basni, Jodhpur are directed to permit the petitioner to participate in B.Ed. Examination 2013. The participation of the petitioner in the examination aforesaid shall be provisional and subject to final decision of this petition for writ. The respondents are directed not to declare result of the petitioner relating to the examination concerned without specific permission of this Court."
(3.) A reply to the writ petition has been filed on behalf of the respondent No. 2 taking the specific stand that the petitioners were not regular in their studies and they did not attend the classes regularly, nor did they remain present in the test conducted by the answering respondents. It is submitted that the petitioners have not deposited the practical submissions as claimed and no commitment as stated was made by the respondents for conducting the examinations for the petitioners separately. It is submitted that the petitioners have not submitted/participated in three sessionals, which comprises of three unit tests, out of which appearance in two unit test is compulsory and third unit test is optional. It is submitted that after the final examination, the best two unit tests are taken into consideration if the student appears in all three unit tests. It is submitted that as per the notification issued by the respondent -University, all the students pursuing various courses of regular studies are required to fulfill the 75% attendance in each subject before they are permitted to appear in the examination. The details of the petitioners' attendance during the period from August, 2012 to April, 2013 have been set out in para No. 4 of the writ petition, according to which the petitioner No. 1 has attended two classes each in the month of August, 2012 and September, 2012 and thereafter, did not attend any class and the petitioner No. 2 has attended two classes in the month of August, 2012, four classes in September, 2012 and five classes each in the month of October, 2012 to May, 2013. It is submitted that since none of the petitioners fulfills 75% attendance requirement, they have rightly been debarred from appearing in the examination.;