JUDGMENT :

1. Though the matter has been listed under the ‘Orders Category’, however, the matter is being heard today itself with the consent of counsel for both the parties.

2. The instant writ petition has been preferred under Article 226 of the Constitution of India with the following prayers:-

a) Respondents may kindly be directed to accept examination form of the petitioner for B.Ed. Second Year examination and permit her to appear in the B.Ed Second Year examination.

b) any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed; and

c) the petitioner may kindly be allowed the cost of writ petition.

3. Brief facts of the case are that the petitioner could not join the B.Ed. Course in time due to her pregnancy by which she was blessed with a male child on 08.08.2018 and then after one month of the birth of the child the petitioner joined the course of B.Ed. and the petitioner was not permitted to pursue her studies thus the petitioner filed an application before Permanent Lok Adalat. The Permanent Lok Adalat passed an interim order dated 11.03.2019 in favour of petitioner wherein petitioner was permitted to pursue her studies of B.Ed. I Year Course and it was also ordered for relaxation in minimum attendance of 80% on receiving her examination form. Eventually Permanent Lok Adalat vide order dated 22.10.2019 (Annexure-1) allowed the application filed by the petitioner.

4. Thereafter the respondents challenged the order dated 22.10.2019 passed by Lok Adalat by filing a writ petition before this Hon’ble Court i.e. S.B. Civil Writ Petition No. 17752/2019 and S.B. Civil Writ Petition No. 642/2020.

5. Pursuant to the directions of Lok Adalat the petitioner was permitted to attend classes and thus she completed her Iyear B.E.d. Course, thereafter the result of the Iyear (Annexure-2) was declared on 31.07.2019 and the result of Iyear was produced in a sealed envelope before the Permanent Lok Adalat by the respondent No.1 Maharaja Ganga Singh University.

6. After completion of the I year B.Ed Course vide communication dated 16.12.2019 (Annexure-4) the petitioner was directed to attend 16 week internship and the petitioner thereafter pursued the studies of 2nd year B.Ed Course.

7. As per the Gazette Notification dated 28.11.2014 the National Council for Teacher Education (NCET) had prescribed the duration of maximum three years for completion of the B.Ed. Course of two years. However the petitioner joined the course belatedly only after a period of about one month and had successfully completed her 1st year B.Ed. Course. The petitioner was pursuing the 2nd year B.Ed. Course and was not able to complete the Course beyond the period prescribed as the respondent University was not permitting the petitioner to fill up second year examination form after completing 1st year examination despite the fact that the petitioner is continuously studying her 2nd year course and attending regular classes and has also submitted the examination form along with the demand draft (Annexure-6) thrice before the respondent University.

8. Thus the petitioner being aggrieved with the arbitrary action of the respondents in not accepting the examination form of the petitioner for B.Ed. 2nd year the petitioner preferred this writ petition.

9. Learned counsel of the petitioner submitted that the petitioner is entitled for taking part in B.Ed. 2nd year examination and the act of respondents in not accepting the examination form is illegal arbitrary and unjust and against the provisions of law. He further submitted that the order dated 22.10.2019 passed by Permanent Lok Adalat is justified in allowing the application of petitioner and directing the respondents including the Registrar Maharaja Ganga Singh University, Bikaner to permit the petitioner to participate in the examination and declare her result along with other reliefs. Furthermore the Permanent Lok Adalat vide order dated 11.03.2019