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SUDESH BANSAL
Diksha Sharma D/o Shri Hemant Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent
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
The court established that accurate attendance records are essential for fair examination eligibility, reinforcing the right to education and due process.
The adherence to minimum attendance requirements is essential in university regulations, and non-compliance undermines eligibility to sit for examinations.
Minimum attendance of 75% is mandatory for examination eligibility; Article 14 does not apply to perpetuate illegality.
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 ....
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