Point of Law : A candidate who passed B.Ed. examination of this University or B.Ed examination of another University recognized by Syndicate may be permitted to take a special course in a subject if he did not offer a course in year which he passed examination or in case he passed with a special course other than one offered by him for the examination provided that in each cash.

JUDGMENT :

1. Heard.

2. This appeal is directed against order dated 11.02.2022 passed by the learned Single Judge, whereby, writ petition filed by Respondents No.1 and 2 has been allowed with direction to the appellant-University of Rajasthan to declare the result of Respondents No. 1 and 2-writ petitioners.

3. The factual premise on which the writ petition was filed and relief was sought by Respondents No. 1 and 2 was that Respondents No. 1 and 2-writ petitioners were admitted to two years B.Ed. Course. They regularly attended B.Ed. classes for the first year and also appeared in the examination and were successful. Thereafter, they were admitted in the second year of B.Ed. course. Respondents No. 1 and 2 had submitted applications for appearing in the examinations but the appellant-University did not allow them to appear in the examination. Thereafter, Respondents No. 1 and 2 were granted readmission in the second year of B.Ed. Course. In the third year, they were allowed to attend the classes to the extent of shortage and thereafter, they again submitted application forms, but the appellant-University again did not allow them to appear in the examination. At this stage, Respondents No. 1 and 2 knocked the doors of this Court by filing writ petition. Under interim order, Respondents No. 1 and 2 were allowed to appear in the examination. However, their result was kept in sealed cover.

4. The submission of Respondents No. 1 and 2 before the learned Single Judge was that even if they have failed to complete the minimum required attendance in the second year of B.Ed. Course, they were entitled to readmission in the second year course in the subsequent year (third year) and once, they have completed the shortage of attendance in the third year, they were entitled to appear in the examination and upon successful attempt, the appellant-University was obliged to award degree of B.Ed. Relying upon the scheme of the ordinances engrafted in Ordinances 325, 326, 326A and 326B, case of Respondents No. 1 and 2 was that the scheme of the Ordinances itself allows them to take readmission in the third year because according to Respondents No. 1 and 2, the provisions contained in Ordinance 326B, on rational interpretation, would mean that a candidate even if fails to complete minimum attendance requirement in the second year, he/she has an opportunity as the Course is required to be completed within a maximum period of three years from the date of admission.

The relief sought in the writ petition was opposed by the appellant-University on the averments that in terms of Ordinance 323, no candidate shall be allowed to appear in B.Ed. examination Part 1 and Part 2, unless he/she has attended 80% of the course work and other required eligibility. The stand taken by the University before the learned Single Judge was that Ordinance 326B is for the candidate who has failed in first and second year and the opportunity to complete B.Ed. Course for three years is applicable only in the said case of failure, but not a case of short attendance.

The argument raised by Respondents No. 1 and 2 before the learned Single Judge was accepted. Repelling the contention of the appellant-University, learned Single Judge held that under the scheme of the Ordinance, Respondents No. 1 and 2 were entitled to avail an opportunity of readmission and appear in the examination provided it is within three years. On such considerations, learned Single Judge directed the appellant University to award the degree. Aggrieved by the said order, this appeal has been preferred.

5. Learned counsel for the appellant would argue that learned Single Judge, while interpreting the provisions of the scheme under various Ordinances referred to in the order has not correctly applied the principles, which have been laid down by Division Bench of this Court in the case of Manoj Kumar Mundotia & Others Vs. University of Rajasthan & Others (D.B. Civil Special Appeal (Writ) No. 1481/2018 decided on 12.