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. 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 order reveals that copy of this letter was forwarded to the Principal Office, RUHS-CMS, Jaipur as well. For ready reference, it would apropos to reproduce the said letter hereunder: “S. No. - Radio/2023/46 Date: 02/03/2023 NOTICE All BRT students are hereby informed that those students who are running short of their required attendance (75%) that is essential for appearing in the final examination as per norms are instructed to note their attendance and try to complete the same before 13/03/2023. If they failed to do so they will be held responsible for any action against them. NOTE: 1. Revised final attendance will be submitted by 13/03/2023. 2. Only one attendance shall be awarded per day. If they failed to do so they will be held responsible for any action against them. NOTE: 1. Revised final attendance will be submitted by 13/03/2023. 2. Only one attendance shall be awarded per day. Head of Department Depart of Radiology Govt. R.D.B.P. Jaipuria Hospital Jaipur Copy: 1. Principal Office, RUHS-CMS Jaipur (Email ID:-prinicpalruhscms@ruhsraj.org) 2. Nodal Officer, Academic Section RUHS-CMS Jaipur (Email ID:-ruhscmsacademic@ruhsraj.org) 3. Office copy 4. Notice Board.” 7. Learned counsel for the petitioner contends that pursuant to such permission to complete deficit attendance up to 13th March, 2023, the petitioner has completed her 11 deficit attendance within the period from 01st March, 2023 to 13th March, 2023, hence, calculating her earlier attendance, as 177+12=189, attendance of petitioner do not fall short of the required attendance of 188 in Part-II of BRT of Session 2022-23. Hence, it has been contended that action of the respondents, to debar the petitioner from appearing in BRT (Part-II) Main Examination-2023, only for the reason of shortage of attendance, is arbitrary, as much as, contrary to record and violative to Article 14 of the Constitution of India. 8. Per contra, learned counsel, appearing on behalf of the respondents, has countered the arguments put forth by learned counsel for the petitioner in the manner that the petitioner was required to complete her attendance for the Session 2022-23 of BRT (Part-II) in between 21st April, 2022 to 28th February, 2023 and required attendance within such period were 188, but the petitioner secured only 177 attendance in this period, hence, action of the respondents to deprive the petitioner to appear in BRT (Part-II) Main Examination-2023 is in accordance with prevailing norms/rules that “a student, who was not allowed to appear in examination due to shortage of attendance, will repeat the year as a regular student.” 9. It has been contended by learned counsel for the respondents that attendance, secured by the petitioner in the period in between 01st March, 2023 to 13th March, 2023, total 12 attendance cannot be counted in the Session of BRT (Part-II) 2022-23. 10. In support of such contentions, learned counsel for the respondents has drawn attention of this Court to the letter dated 9th March, 2023 (Annexure-8), issued by the University and which has been placed on record along with additional affidavit dated 06th October, 2022, of Dr. 10. In support of such contentions, learned counsel for the respondents has drawn attention of this Court to the letter dated 9th March, 2023 (Annexure-8), issued by the University and which has been placed on record along with additional affidavit dated 06th October, 2022, of Dr. Reshu Gupta, Officer In-charge, posted as Senior Associate of Rajasthan University of Health Science, Jaipur. As per this letter, the University asked to complete attendance up to 28th February, 2023. 11. As far as another additional affidavit of Dr.Reshu Gupta, placed on record by the respondents on 05th August, 2024 along with the application is concerned, learned counsel for the respondents, having instructions from Dr.Reshu Gupta, does not press the additional affidavit and seeks permission to withdraw the same. Hence, in view of withdrawal of the additional affidavit dated 05th August, 2024, the same has not been taken into consideration and be treated as not a part of the record of this Court. 12. Learned counsel for the respondents argued that as per the applicable norms, every student, ensuing the course of Radiation Technology from RUHS University, is required to complete 75% of attendance in every session, failing which, in the meeting of Board of Studies, (Para-medical) held at Department of Radiological Physics on 04th February, 2016, in point No. 5 of Agenda-1, it has been decided that “a student, who was not allowed to appear in examination due to shortage of attendance, will repeat the year as a regular student.” Thus, contention of learned counsel for the respondents is that since the petitioner has not completed 75% of attendance in BRT (Part-II) Session 2022-23, hence, she is required to repeat Part-II as a regular student. 13. As far as pursuing BRT (Part-III) Course in Session 2023-24 is concerned, obviously, under the interim order dated 17th July, 2023, passed by this Court, it is not in dispute that the petitioner do not fall any short of attendance in BRT (Part-III) Course - 2023-24. Further, it has also not been denied that petitioner has been permitted to appear in BRT (Part-III) Main Examination-2024 under the directions of this Court, issued vide order dated 25th April, 2024 and result of the petitioner is withheld. 14. Further, it has also not been denied that petitioner has been permitted to appear in BRT (Part-III) Main Examination-2024 under the directions of this Court, issued vide order dated 25th April, 2024 and result of the petitioner is withheld. 14. Learned counsel for the respondents has relied upon an order of the Coordinate Bench of this Court passed in bunch of writ petitions lead by S.B. Civil Writ Petition No. 831/2013 (Rakesh Gurjar & Ors. Vs. State of Rajasthan & Ors.) decided on 28th January, 2013. 15. Heard. Considered. 16. Having perused the material, available on record, what has transpired before this Court is that petitioner was required to complete 188 attendance to complete her BRT (Part-II) course in the Session 2022-23, in between the period w.e.f. 21st April, 2022 to 28th February, 2023, whereas in this period, attendance of the petitioner was counted by respondent University only 177 in number, hence, there is a shortfall of 11 attendance in number and due to which, the petitioner was not allowed to appear in BRT (Part-II) Examination-2023, which commenced w.e.f. 25th March, 2023. 17. The petitioner has explained such shortfall of 11 attendance, stating inter-alia that an office order dated 02nd March, 2023 (Annexure-4), issued by the Government R.D.B.P. Jaipuria Hospital, Jaipur, whereby the petitioner and other students, who have faced shortfall of attendance to pursue their BRT degree course in respective years, were allowed to appear in the classes and to complete their attendance by or before 13th March, 2023. The case of the petitioner is that she has attended 12 classes in pursuance thereof, till 13th March, 2023 and has obtained 12 attendance to her credit, in addition to her previous attendance of 177 in number, thus, her total attendance have reached to 177+12=189, which are above than the required attendance of 188 in Session 2022-23. 18. Neither issuance of the office order dated 02nd March, 2023 has been denied by the respondents nor this fact has been denied that in pursuance thereof, the petitioner attended 12 classes and completed her shortfall of 11 attendance in Session 2022-23 at the Government R.D.B.P. Jaipuria Hospital, Jaipur. Undisputedly, the examination of BRT (Part-II) commenced w.e.f. 25th March, 2023 and prior to that, the petitioner had completed her BRT (Part-II) course, as much as, has completed required attendance of 75%. Undisputedly, the examination of BRT (Part-II) commenced w.e.f. 25th March, 2023 and prior to that, the petitioner had completed her BRT (Part-II) course, as much as, has completed required attendance of 75%. However, when admission card of petitioner to appear in BRT (Part-II) Examination was not uploaded, she filed the present writ petition and the High Court, vide order dated 20th March, 2023, has directed the respondents to permit the petitioner to appear in the examination of BRT (Part-II). It is not the case of respondents that the petitioner has been permitted to appear in BRT (Part-II) Examination-2023 without completing theoretical and practical classes of BRT (Part-II) course, rather, the respondents have taken a plea that classes, attended by petitioner after 28th February, 2023 up to 13th March, 2023, are not countable, whereas there is no basis to take such a plea. Moreover, during this period, classes were attended by the petitioner, pursuant to the letter dated 02nd March, 2023 (Annexure-4), issued by the Government R.D.B.P. Jaipuria Hospital, Jaipur, from where, the petitioner was ensuing her BRT degree course and which is an affiliated college with RUHS University. 19. In the opinion of this Court, the very purpose of securing required attendance of 75% in the professional degree course is that no student is permitted to qualify the exam without undergoing the studies of complete course. In the present case, the very purpose of requiring 75% attendance by the petitioner, in order to appear in Examination-2023, is that she must have completed BRT (Part-II) course. The petitioner has completed BRT (Part-II) course by 13th March, 2023. It is not the case of respondents that the period in between 01st March, 2023 to 13th March, 2023, is not part of the Session 2022-23 or beyond the period of this session. 20. At the cost of repetition, it may be observed that BRT (Part-II) Examination-2023 were commenced w.e.f. 25th March, 2023, thus it cannot be disputed that the petitioner had completed her course of BRT (Part-II), as much as, has completed required attendance of 75% before appearing in examination. 20. At the cost of repetition, it may be observed that BRT (Part-II) Examination-2023 were commenced w.e.f. 25th March, 2023, thus it cannot be disputed that the petitioner had completed her course of BRT (Part-II), as much as, has completed required attendance of 75% before appearing in examination. Therefore, it is arbitrary and unjust on the part of the respondents to deprive the petitioner to appear in BRT (Part-II) Examination - 2023 and insisting for repeating BRT (Part-II) course by petitioner in view of the decision of Board Meeting dated 04th February, 2016, in point 5 of Agenda 1 (Annexure - R-3/1) that “a student who was not allowed to appear in examination due to shortage of attendance will repeat the year as a regular student.” 21. This Court, further, finds that copy of the order dated 02nd March, 2023 (Annexure - 4), as extracted hereinabove, was forwarded to RUHS University and as per this letter, the Government R.D.B.P. Jaipuria Hospital, Jaipur permitted the petitioner and other students to complete their course and to attend the classes of BRT course in respective years up to 13th March, 2023. It is not the case of respondents in reply to the writ petition that this letter was not acknowledged by the University or was cancelled. Undisputedly, pursuant to this letter, the petitioner has attended 12 classes, for which, document (Annexure-9), filed along with rejoinder, has been placed on record and this fact has not been denied/refuted by the respondents. It appears that prior to completion of the period up to 13th March, 2023, the attendance were calculated up to 28th February, 2023 only, which is per se arbitrary, illegal and perverse, as much as, against the principle of estoppel. The petitioner cannot be held defaulter for not completing BRT (Part-II) course because of not completing her attendance, once she has completed her course and attendance up to 13th March, 2023 within the permissible period and before commencement of the examination of BRT (Part-II) w.e.f. 25th March, 2023. 22. In this view, this Court finds that the petitioner has completed her course of BRT (Part-II) and has fulfilled the required attendance of 75% before appearing in the examination. The case of Rakesh Gurjar & Ors. 22. In this view, this Court finds that the petitioner has completed her course of BRT (Part-II) and has fulfilled the required attendance of 75% before appearing in the examination. The case of Rakesh Gurjar & Ors. (supra), whereupon learned counsel for the respondents has relied upon, was a case wherein the Coordinate Bench of this Court considered the scope of Ordinance 268(b) of the University Ordinances and has taken a view that mandatory period of 18 months’ studies in the Phase-I (pre-clinical) course of MBBS cannot be shortened and the candidates cannot be permitted to appear in the examination. In that case, observation of the Court was that the candidates have claimed to complete 18 months’ course within the period of 12 or 15 months, which was not believed, hence, without completing the course, the candidates were denied to appear in the examination. 23. The facts of the case in hand are entirely different, as has been observed hereinabove by this Court that the petitioner has completed her BRT (Part-II) course, as much as, has completed required attendance of 75% before appearing in Examination - 2023, commencing from 25th March, 2023, hence, the judgment delivered by the Coordinate Bench of this Court in the case of Rakesh Gurjar & Ors. (supra) does not support the plea of the respondents. 24. This is an undisputed fact that during the course of this writ petition, the petitioner has been permitted to appear in BRT (Part-II) Examination-2023 as also in BRT (Part-III) Examination - 2024. There is no dispute about any shortfall of attendance of the petitioner to complete the course of BRT (Part-III), however, result of the petitioner has been withheld. 25. For the discussion made hereinabove, this Court is of considered opinion that action of the respondents to debar the petitioner from appearing in BRT (Part-II) Examination-2023, on the ground of shortfall of attendance, is arbitrary, against the record and perverse, which cannot be countenanced. 26. In view of the discussion made hereinabove and as a final result, the present writ petition succeeds. The action of the respondents to debar the petitioner from appearing in BRT (Part-II) Examination - 2023, on the ground of shortfall of attendance, is hereby declared arbitrary, against the record and perverse. 27. 26. In view of the discussion made hereinabove and as a final result, the present writ petition succeeds. The action of the respondents to debar the petitioner from appearing in BRT (Part-II) Examination - 2023, on the ground of shortfall of attendance, is hereby declared arbitrary, against the record and perverse. 27. Consequently, result of the petitioner for BRT (Part-II, Session 2022-23) and BRT (Part-III, Session 2023-24) be declared within a period of two weeks and if the petitioner has passed, certificates/degree for completion of BRT Course be issued to the petitioner forthwith. 28. Stay application and/or any other pending applications also stands disposed of.