- (1.) Being aggrieved by the determination made by the judgment and order dated 8.7.2013 rendered in S.B.Civil Writ Petition No.7511/2010, the respondent No.5 therein and its authorized signatory, the respondent No.2 herein, are in appeal seeking redress. By the decision impugned, the action of the appellant-College in declaring the respondent No.1 to be deficient in the required percentage to appear in the B.Ed. Examination for the Session 2009-10 and in not forwarding his sessional marks therefor, has been adjudged to be illegal and null & void, and a direction to it has been issued to forward the said marks to the respondent-University and to declare his results afresh, after including the same. In the alternative, the respondent-University has been directed to allot sessional marks to the respondent No.1 on the basis of marks secured by him in the written examination. Further, the Chief Judicial Magistrate, Jaipur Metropolitan has been directed to proceed against the appellant No.2 herein and the District Education Officer (Secondary), Dausa, as named therein, under Section 340 of the Code of Criminal Procedure, 1973 (for short, hereafter referred to as 'Cr.P.C.')
(2.) We have heard Mr.Rajendra Prasad, learned counsel for the appellants and Mr.R.B.Mathur, learned counsel for the respondents. The pleaded facts, in essential details, have to be outlined to appropriately comprehend the issues seeking adjudication.
(3.) The respondent No.1, after qualifying in the PTET Examination in the year 2009 and being allotted the Pandit Badri Prasad Teachers Training College, Bandikui, Dausa, appellant No.1, for undertaking the B.Ed. Course, joined the Session 2009-10 therefor. Alleging that the Head of the Institution did demand illegal gratification under various heads for a number of times, which he had obliged by depositing the same and that he declined to do so vis-a-vis a further demand of Rs.2000/-, after he had submitted the examination form, for which not only, he was threatened that his attendance would be cut short, but also was misbehaved with, the respondent No.1 submitted a representation before the Collector, District Dausa. He also forwarded a representation, to the above effect, to the District Education Officer, Dausa, SDO, Bandikui, Vice Chancellor, Rajasthan University, Vice Chancellor, Jai Narayan University, Education Minister, President of Human Rights and Regional Director, National Council for Teachers Education. He alleged that being peeved by this initiative of his, the Head of the appellant-Institution did not allow him to attend the classes, and threatened to ruin his career, and also not allow him to take the Final Lesson and appear in the impending B.Ed. examination. According to the respondent No.1, the District Collector, Dausa, on receipt of his representation, directed the District Education Officer (Secondary), Dausa to enquire into the matter and the latter appointed the Principal, Abhaneri Government Secondary School as the Enquiry Officer.;