Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioners who have already appeared in B.Ed. Main Examination, 2013, are seeking directions to the respondents to conduct their practical examinations.
(2.) THE relevant facts are that the petitioners 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 pursuant to the admission granted, the petitioners started their regular studies of B.Ed. course in the respondent -College. On 12.12.12, the petitioners filled the online examination form for B.Ed. Examination, 2013 and deposited the requisite fees on 14.12.12. The petitioners downloaded provisional admission cards online and appeared in the examinations in all the subjects. The result of the petitioners was declared on 4.5.14 wherein, they were declared failed. It is averred that the petitioners cleared all the papers with good scores but no marks for practical and computer literature were awarded to them for the reason unknown. At the same time, it is averred that the petitioners approached the authorities and requested them to take their practical examination as well as computer literature examination inasmuch as, they were not previously allowed to appear in practical examination, but to no avail. Vide order dated 10.3.14 passed by this court, the notices were directed to be issued by this court to the respondents. On 2.9.14, Dr. Ajeet Saxena, Principal of the respondent -College present -in -person submitted that a reply to the writ petition has already been filed, however, as per the office report, no reply was filed on behalf of the respondent -College as alleged. The matter was taken up for consideration by the court on 4.9.14 and after hearing both the parties, an interim order was passed in favour of the petitioners in the following terms: "In the meanwhile, the respondents are directed to conduct the B.Ed. Practical Examination of the petitioners within a period of two weeks and produce the result before this Court on the next date. It is made clear that the appearance of the petitioners in the B.Ed. Practical Examination shall be subject to the decision of this writ petition and shall not create any right or equity in their favour."
(3.) A reply to the writ petition has been filed on behalf of the respondent -College taking the stand that as per the notification dated 21.5.12 issued by the respondent -University, a student pursuing the B.Ed. course is required to fulfill 75% attendance in each subject and there must be 75% attendance of the student before he/she could be permitted to appear in the examinations. It is submitted that the petitioners were most irregular students and did not attend the classes regularly. According to the respondent -College, as per the classes attended by the petitioner No. 1, his percentage of attendance comes to 34% whereas, the attendance of petitioner No. 2 comes to 6.5%. As per the details of the petitioners' attendance set out in the reply, the petitioner No. 1 attended 68 classes and petitioner No. 2 attended only 13 classes, out of 200 classes. Thus, according to the respondent -College, the petitioner was debarred from appearing in the examinations on account of their shortage of attendance and not fulfilling the mandatory condition of having 75% attendance in each subject. That apart, it is submitted that the petitioners also remained absent in Unit Tests I, II and III. It is contended on behalf of the respondent that the factum of shortage of attendance and the mandatory condition regarding 75% attendance in each subject has been concealed by the petitioners from this court.;