The court established that accurate attendance records are essential for fair examination eligibility, reinforcing the right to education and due process.

ORDER :

1. With the consent of learned counsel for both the parties, heard the writ petition finally on merits and perused the record.

2. The petitioner is a student, who is ensuing the course of Bachelor of Radiation Technology (for short “BRT”) from Rajasthan University of Health Sciences (respondent No. 2) and is undertaking her course from the government college, affiliated with the University, namely RDBP Jaipuria Hospital, Jaipur (respondent No. 4).

3. The BRT course is a three years’ degree course and grievance of the petitioner is that she was not permitted to appear in BRT (Part-II) Main Examination-2023 alleging shortage of her attendance, hence, petitioner preferred instant writ petition under Article 226 of the Constitution of India praying that action of the respondents to debar the petitioner for appearing in BRT (Part-II) Main Examination-2023 on account of shortage of her attendance may be declared arbitrary and be quashed and set aside and the petitioner may be held eligible to appear in BRT (Part-II) Main Examination-2023.

4. The instant writ petition was filed on 14th March, 2023 and main examination of BRT (Part-II) were scheduled w.e.f. 25th March, 2023. This Court, vide order dated 20th March, 2023, directed the respondents to issue admit card to petitioner and allow her provisionally to participate in the examination. In pursuance thereof, the petitioner has been permitted by the University to appear in BRT (Part-II) Main Examination-2023. It appears that result of Part-II examination of the petitioner was produced by the University before this Court, wherein the petitioner was declared pass and in that view, vide order dated 17th July, 2023, this Court directed the respondents to allow the petitioner provisionally to pursue her regular studies of BRT (Part-III) course. Further, after completion of BRT (Part-III) course regularly, vide order dated 25th April, 2024, the petitioner has been permitted to appear in BRT (Part-III) (New Scheme) Examination-2024. In pursuance thereof, the petitioner has appeared in BRT (Part-III) examination, however, result of the petitioner for BRT (Part-II) as well as BRT (Part-III) has been withheld by the respondent-University, subject to final outcome of this writ petition.

5. Learned counsel for the petitioner contends that as a matter of fact, the petitioner was required to mark 188 attendance in BRT (Part-II) for the Session 2022-23 and the petitioner has completed 189 attendance. Therefore, there is no shortage of attendance of the petitioner, however, due to wrong calculation of attendance, the respondents debarred the petitioner to appear in BRT (Part-II) Main Examination-2023 and did not upload her admit card, hence, the petitioner had to knock the holy doors of this Hon’ble Court for redressal of her grievances. In this regard, learned counsel for the petitioner has pointed out that undisputedly, session for BRT (Part-II) began w.e.f. 02nd April, 2022 and examination for this Session started w.e.f. 25th March, 2023. The respondents have calculated attendance in the Session of 2022-23, for the period in between 21st April, 2022 to 28th February, 2023 only, whereas the petitioner has also attended regular classes from 01st March, 2023 to 13th March, 2023, hence, the case of the petitioner is that her attendance should have been calculated in the Session of BRT (Part-II) Examination-2022-23 up to 13th March, 2023 instead of up to 28th February, 2023.

6. Learned counsel for the petitioner drew attention of this Court to an order dated 02nd March, 2023, issued by Govt. RDBP Jaipuria Hospital, Jaipur, enclosed as Annexure-4 along with the writ petition. The copy of this order has also been enclosed by the respondents as Annexure-R-3/5 along with reply and it is an undisputed order. Though, learned counsel, appearing for the respondents, made a pursuing attempt to contend that this letter was issued by Jaipuria Hospital and not by RUHS University, however, perusal of the said