Special appeal filed regarding dismissal of B.Ed. candidate’s petition for result declaration despite short attendance. Court refused interference as mandatory attendance rule under Ordinance 323 was not fulfilled and no vested right arose from interim order.
Special appeal dismissed; pending applications disposed off.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 514/2022
Chetna Sharma D/o Govind Sahai Sharma, Aged About 20 Years, R/o Village And Post Salempur, Tehsil Sapotra, District Karauli.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. S.K. Gupta, Sr. Advocate with Mr. Rajneesh Gupta, Advocate Ms. Surbhi Agarwal, Advocate For Respondent(s) : Mr. Indresh Sharma, Advocate
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE SAMEER JAIN Order
26/04/2022
Being aggrieved by the impugned judgment and order dated 11.03.2022 passed by learned Single Judge, the present special appeal is filed.
It is submitted that on account of typhoid, COVID-19 and for personal reasons, there was short attendance while attending B.Ed. course. Vide interim order of the Hon’ble Court dated 09.11.2021, the petitioner was provisionally permitted to appear in the examination and admission card was also released, as a result of which the appellant/petitioner had also attended entire
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[SAW-514/2022]
examination and she had submitted an application for declaration of her result. Learned Single Judge instead of sympathetically considering the absence of the appellant which was bonafide, dismissed the writ petition vide order dated 11.03.2022.
On consideration of impugned order dated 11.03.2022, it is noted by this Court that learned Single Judge has considered the mandatory provisions of Ordinance 323 of the University of Rajasthan wherein, it is mandatory requirement for B.Ed. Examination Part-I and Part-II of minimum attendance of 80% which admittedly was not fulfilled by the petitioner. Taking into consideration of counter affidavit of respondents in response to notice, learned Single Judge has observed that out of 50 students, 47 students have fulfilled the attendance criteria. Learned Single Judge has also noted the Division Bench judgment of this Court dated 12.07.2019 in case of Manoj Kumar Mundotia & Ors. vs.
University of Rajasthan & Ors.: D.B. Civil Special Appeal (Writ) No.1481/2018 wherein, it was held that when the candidate/petitioner has not secured minimum required attendance, he/she cannot be permitted to appear in the examination. Further, interim order passed by this Court provisionally permitting the petitioner to write examination does not give vested right to petitioner for declaration of result or for allowance of writ petition.
In the light of above reasoning, looking to the mandate of Ordinance 323 of the University of Rajasthan of requirement of minimum attendance to be eligible to appear in the exam and the settled position of law tendered by the co-ordinate Bench of this Court in Manoj Kumar (supra), we are not inclined to interfere in the impugned order passed by learned Single Judge. As a result,
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the special appeal is dismissed. All pending applications also stand disposed off.
(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Simple Kumawat /05
3 issues framed by the court
Whether the special appeal should be allowed despite the appellant’s short attendance due to typhoid and COVID-19.
Whether the interim order permitted to appear in examination creates a vested right for declaration of result.
Whether minimum attendance requirement under Ordinance 323 bars the result declaration.
Colour shows how this judgement treated each authority
Manoj Kumar Mundotia & Ors. vs. University of Rajasthan & Ors.Relied on¶20
D.B. Civil Special Appeal (Writ) No.1481/2018
1 provisions across 1 enactments
Chetna Sharma
University Of Rajasthan
Controller Of Examination
Director, Bharati Teacher Training Mahila College
Principal, Bharati Teacher Training Mahila College
Manindra Mohan Shrivastava
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
