- (1.) The case of the petitioner in short is that the petitioner is a regular student of Class-VIII and is studying in Hansraj Govt. Higher Secondary School, village Badhal, Tehsil Phulera, District Jaipur. He was admitted to that school on 8-7-1991 but on account of financial difficulty he could not deposit the fee therefore, the school authorities struck off his name from the roll of the school. The petitioner was again readmitted in the said school on 11-9-1998 for the academic session 1998-99.
(2.) It has been contended by the learned Counsel for the petitioner during the course of hearing that petitioner ever since his readmission w.e.f. 11-9-1998, has been regularly attending the classes and as per the criteria laid down in the rules governing the examination of the Board for Class-VIII for the session 1998-99, the minimum requisite percentage which the candidate should possess for the purpose of determining his/her eligibility to appear in the Board's Examination is 70% and that the petitioner did fulfil the aforesaid requirement since he had secured 70% of the attendance for the purpose of determining his eligibility as on 15-4-1999 when his candidature was erroneously rejected by the Board after issuance of due permission letter to appear in the aforesaid examination on 15-4-1999.
(3.) In reply to the aforesaid contention advanced by the learned Counsel for the petitioner, Mr. Mahesh Gupta, learned Counsel for the respondents has stated that the petitioner was not eligible to appear in the aforesaid examination since the criteria for determining the eligibility on the basis of the requisite attendance of 70% is to be reckoned w.e.f. the date when the candidate was originally admitted in the school viz. 8-7-1991 and not from the date when he sought readmission i.e. 11-9-1998. He further contended that since the petitioner did not fulfil the requisite requirement as stipulated in the Rules 1998-99, he was rightly held not eligible to appear in the aforesaid examination of the Board.;