Alok Sharma, J. - (1.) THIS petition has been filed by the three students of the Shikshak Prakshishan Mahavidyalaya (hereinafter 'the College') affiliated to the University of Rajasthan inter -alia for the purpose of holding them to be eligible for the B.Ed. examination, 2014.
(2.) THE case of the three petitioners is that they successfully wrote the PTET examination 2013 and after on -line counseling were admitted to the College aforesaid for reading in the B.Ed. course for the academic session 2013 -14. Subsequent to the admission the petitioners state to have deposited the requisite fee and attended the classes to an extent of over 75% - the minimum required attendance rendering them eligible to write the B.Ed. examination following the academic session 2013 -14 which commenced 21.7.2014. It has been submitted that the examination forms along -with the requisite documents were forwarded to the University of Rajasthan for issuing of permission letters/admission cards for the aforesaid examination. It has been submitted that the attendance of the petitioners was notified to the University of Rajasthan by the College, yet the petitioners were not arbitrarily issued permission letters/admission cards for writing the said examination, 2014. Alleging arbitrariness in denial of permission letters/admission cards for writing the B.Ed. examination 2014 to be conducted by the University of Rajasthan, the petitioners approached this Court for directions that they be declared eligible to write the B.Ed. examination conducted by the University of Rajasthan commencing 21.7.2014 with a further direction to allow them to appear in the said examination following which their result be declared. On the matter coming up before this Court on 23.7.2014, this Court passed an ad -interim ex -parte order while issuing notice on the petition and allowed the petitioners to appear in B.Ed. examination, 2014 subject to the condition that their results would be kept in sealed cover.
(3.) REPLY to the petition has been filed. It has been submitted that as per the norms of the University of Rajasthan and on the basis of the decision of this Court on 5.12.1995 in the case Damodar Prasad Goyal v. Smt. P.L. Kushwaha and others -SBCW P. No. 4557/1994 and University of Rajasthan v. Shiv Charan Bairwa -DB Special Appeal (Writ) No. 310/2010 decided on 9.11.2010 to be eligible to write the B.Ed. examination it was required that at -least 75% attendance in the classes/lessons obtained. As against the said minimum eligibility, the Principal of the College where the petitioners were reading for the academic session 2013 -14 for their B.Ed. course has submitted an affidavit (Annex. R/1) stating that the petitioner No. 1 Vijay Kumar had only 9% against 75% requisite attendance, petitioner No. 2 -Ghanshyam Singh Shekhawat 4.5% attendance and Sundeep Soni 2%. It has been submitted that quite clearly the petitioners without the requisite attendance were not eligible to write the B.Ed. examination, 2014 and therefore the writ petition is completely misdirected and is deserving dismissal.;