Kunj Bhihari Saini S/O Shri Puran ... vs State Of Rajasthan
2021 Latest Caselaw 6377 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Special Appeal Writ No. 954/2021

1.     Kunj Bhihari Saini S/o Shri Puran Mal Saini, Aged About
       20 Years, R/o Village - Kesarisinghpura, Tehsil-Baswa,
       District- Dausa, Rajasthan.
2.     Abhay Kumar Dargas S/o Shri Umeed Singh Gurjar, Aged
       About 20 Years, R/o Village - Ralawata, Tehsil-Baswa,
       District- Dausa, Rajasthan.
                                                                     ----Appellants
                                    Versus
1.     State Of Rajasthan, Through Collector, Collector Dausa,
       Dausa Rajasthan,
2.     Sub Division Officer, Tehsil Bandikui, District Dausa,
       Rajasthan.
3.     Station House Officer (S.h.o), Police Station Baswa,
       District Dausa, Rajasthan
4.     Police Superintendent, District- Dausa, Rajasthan.
5.     Director, Pandit Badri Parsad T.t. Collage, E-1, Ricco
       Industrial    Area       Kolana,        Bandikui,         District-   Dausa,
       Rajasthan .
6.     Principal, Pandit Badri Parsad T.t. Collage, E-1, Ricco
       Industrial    Area       Kolana,        Bandikui,         District-   Dausa,
       Rajasthan
7.     Chairperson, National Council For Teacher Education, G-7,
       Sector -10 Dwarka, New Delhi-110075
8.     Regional Director Ncet, National Council For Teacher
       Education, G-7, Sector -10 Dwarka, New Delhi-110075.
9.     Commissioner Collage Education, Shiksha Sankul, J.l.n.
       Marg, Jaipur.
10.    University Of Rajasthan, Through Its Registrar, University
       Of Rajasthan, J.L.N Marg, Jaipur, Rajasthan.
                                                                  ----Respondents

For Appellant(s) : Mr. Bhawani Singh Shekhawat For Respondent(s) :

(2 of 2) [SAW-954/2021]

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Judgment

11/11/2021

This appeal is directed against the judgment of the learned

Single Judge dated 09/11/2021 refusing the request of the

petitioners-students to allow them to appear in ensuing

examination for B.Sc/B.ed Course. The ground for rejection of the

petition was that the petitioners had not been able to establish

that they have minimum 75% required attendance. Case of the

petitioners as vehemently argued by the learned counsel for the

petitioners is that the college did not permit them to attend the

classes of the college since petitioners had taken the issues of the

college for charging illegal capitation fees and other related issues.

These are the highly disputed questions, which the High Court in a

writ petition cannot examine. At the first instance, let the

petitioners approach the University which can conduct a fact

finding enquiry and if it is found that the petitioners were not

responsible for shortage of attendance but the college prevented

them from attending the classes, the petitioners can seek further

remedial measures. However, for the present examination, the

petitioners cannot be allowed to appear even on provisional basis.

The writ appeal is dismissed.

                                    (REKHA BORANA),J                                                    (AKIL KURESHI),CJ

                                   Anil Goyal/BM Gandhi-PS/91









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