Rajasthan High Court
Rajesh Kumar Gothwal And Anr vs University Of Rajasthan And Anr on 11 February, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12801/2018
1. Rajesh Kumar Gothwal S/o Shri Matadeen Gothwal, aged
about 23 years, Resident of Village Turana, PO Nayabas,
Tehsil Bansur, District Alwar Raj.
2. Abha Bansal D/o Shri Nand Lal Bansal, aged about 25
years, Resident of Ward No. 13, Mohalla Buchahera,
Kotputli, Jaipur (Raj.)
----Petitioners
Versus
1. University of Rajasthan through its Registrar, J.L.N. Marg,
Jaipur (Raj.)
2. The Controller Examination, University of Rajasthan,
J.L.N. Marg, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Tanveer Ahamad through VC
For Respondent(s) : Mr. Pratyush Sharma for
Mr. Ajit Maloo
HON'BLE MR. JUSTICE SAMEER JAIN
Order
11/02/2022
1. Learned counsel for the petitioners submits that the
petitioners are students of B.Ed. Course. The duration of B.Ed.
course is two years and they are qualified by Ordinance 323- 326C
of the University Ordinances, reproduced below qua the matter in
dispute:-
"O.323 No candidate shall be allowed to appear in the
B.Ed examination part 1 & 2 unless he/she has
attended (80% for all course work & practicum, and
90% for school internship.)
O.324 The examination for Degree of Bachelor of
education for two years shall be in two parts- part 1 st
comprising theory papers & part 2 practice of teaching
(2 of 5) [CW-12801/2018]
in accordance with the scheme of examination laid
down from time to time. A candidate may in addition
offer a special course in any one of the specialization
prescribed under the scheme of examination from time
to time, and if successful as mentioned to this effect
will be made in the degree awarded to him.
O.325 Candidates who fall in B.Ed examination in part
1or/ part 2 the theory of education may present
themselves for re-examination there in at a subsequent
examination without attending a further course at an
affiliated training college.
Provided that a candidate who fails in any one of the
theory papers and secures at least 48% marks in the
aggregate of the remaining theory papers may be
allowed to reappear in the examination in the
immediately following year in the paper in which he/she
fail only. He/she shall be declared to have passed if he
secures minimum passing marks prescribed for the
paper in which he appeared and shall be deemed to
have secured minimum passing marks only prescribed
for the paper (irrespective of the marks actually
obtained by him) for the purpose of determining his
division in accordance with the scheme of examination.
The candidate shall have to repeat the whole
examination in subsequent year in case he fails to clear
the paper in which he failed.
O.326 Candidates who fail in the B.Ed. examination
part 1 and part 2 only in the practice of teaching may
appear in the practical examination in the subsequent
year provided that they keep regular terms for four
calendar months per year and give at-least 40 lessons
(20 in part 1 & 20 in part 2) supervised lessons.
O.326A A candidate who complete a regular course of
study in accordance with the provision laid down in the
ordinance, at an affiliated teacher's training college for
two academic year but for good reasons fails to appear
at the B.Ed. Examination may be admitted to a
subsequent examination as an Ex-student as defined in
O.325 or O.326 above.
O.326B No candidate shall be permitted to appear as
an Ex-student at more than one subsequent
examination. The B.Ed program shall be of a duration of
two academic years, which can be completed in a
(3 of 5) [CW-12801/2018]
maximum of three years from the date of admission to
the P.Ed.
O.326C A candidate who passed B.Ed. examination of
this University or B.Ed examination of another
University recognized by the Syndicate may be
permitted to take a special course in a subject if he did
not offer a course in the year which he passed the
examination or in case he passed with a special course
other than the one offered by him for the examination
provided that in each case."
2. The case of the petitioners is that they have regularly
attended B.Ed college for the first year, qua the second year, there
was shortage in attendance and as a result, they were ineligible
and were not permitted to appear in the examination. As a result
by virtue of Ordinance 326B, they appeared in the third year,
fulfilled the attendance and by virtue of Court orders also gave the
examination in terms of the order of the co-ordinate Bench of this
Court dated 18.06.2018. Further prayer of the petitioners is that
in the light of above facts, their result be declared.
3. Per contra, Mr. Pratyush Sharma, learned counsel appearing
for the University of Rajasthan submits that in terms of Ordinance
323, no candidate can be permitted to appear in B.Ed.
examination Part-I & Part-II unless he/she has attended 80% of
the course work and other required eligibility. As per him,
Ordinance 326B is qua the candidates who have failed in first or
second year and the liberty to complete B.Ed. course in three
years period is applicable only in the said case of failure, not in the
case of short attendance.
4. On consideration upon the record of the writ petition,
arguments advanced by the respective counsels and the judgment
cited at Bar in D.B. Civil Special Appeal (Writ) No.1481/2018 in
S.B. Civil Writ Petition No.12310/2018 titled Manoj Kumar
(4 of 5) [CW-12801/2018]
Mundotia & Ors. vs. University of Rajasthan & Ors., this Court is of
the view that there is no dispute about the fact that first year of
B.Ed. course was duly attended by the petitioners. On account of
non-fulfillment of required attendance, second year was not
persuaded and no examination was given on account of shortage
in attendance, but to make out the said compensate in the third
year, appropriate application form with requisite fee was deposited
and attendance was compensated. By the orders of this Court, the
petitioners were allowed to appear in the B.Ed. examination also.
5. On consideration upon Ordinance 323A and 323B,
harmonious interpretation is inferred that if duration of B.Ed.
course of two academic sessions is completed in maximum period
of three years from the date of admission to PhD, there is no
impediment.
6. In the case in hand, it is admitted fact that shortage in
attendance was compensated within a period of three years. The
judgment cited by the respondents' counsel and reliance placed
upon the operative portion of order, which is quoted as under:-
"As regards appearance of the appellants in B.Ed.
Part-II Examination 2018 vide order of this Court dated
18.06.2018, it may be noted that the aforesaid order
was provisional and it was clearly mentioned therein that
the same would be subject to final outcome of the writ
petition. Such interim arrangements are being made due
to the exigency of the situation but the same does not
finally determine the issue in question. Mere appearance
of the appellants in the examination does in any manner
improve case of the appellants so far as fulfillment of
requirement of the minimum attendance is concerned.
(5 of 5) [CW-12801/2018]
In view of above, there is no merit in this appeal
and the same is accordingly dismissed."
7. On perusal of the said order, it is revealed that if there is
shortage in attendance, the same will be impediment for
appearance in the respective examination. The said judgment of
this Court rather supports the view of the petitioners in as much
as that on account of shortage in attendance in the second year,
they were ineligible for giving the examination. The said
petitioners have fulfilled the said shortage in the next year. On
account of fulfillment of short attendance, in compensating the
same in the third year and completing the B.Ed program of two
years, in the period of three years, which is permitted under
Ordinance 326, this Court is of the view that the petitioners are
eligible for giving examination as well as for declaration of the
result.
8. Respondent No.1- University of Rajasthan is directed to
declare the result at the earliest.
9. In the light of the said fact, the writ petition succeeds in
above terms. All the pending applications stand disposed of.
(SAMEER JAIN),J
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