Allowed

Jitendra Nagar v. State of Raj and Ors.

Rajasthan HC11 Feb 2008CW/5922/2007

Case brief

AI extract

What is this about?

The petitioner sought direction to admit him in M.Phil (Botany) at Government College, Ajmer. Relying on his domicile and merit, the court directed the respondents to consider his case for admission upon production of a bona fide resident certificate.

What did the court decide?

The petitioner is directed to be considered for admission in M.Phil (Botany) upon producing a bona fide resident certificate, in preference to candidates with lesser merit.

Jitendra Nagar Vs State of Raj and Ors. — Education and Admissions | Rajasthan HC (2008)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CIVIL WRIT PETITION NO.5922/07
Jitendra Nagar Vs. State of Raj. & Ors.

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Date of order : 11/2/2008.

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HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

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Shri Jitendra Mitruka for the petitioner.
Shri Ankur Rastogi, Addl. Govt. Counsel
for the respondents.

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******

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This writ petition has been filed with

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the prayer that the respondents as well as
Government College, Ajmer be directed to
admit the petitioner in M.Phil (Botany)
study course for the session 2007-08.

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Learned counsel for the petitioner has
argued that petitioner has passed out the
post graduation examination M.Sc.(Botany)
and secured 61% marks and according to the

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criteria laid down by the respondents, a

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candidate who is resident of State of
Rajasthan is eligible for admission to
such course if he has secured 55% marks.

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Besides, the petitioner is also regularly
attending the National Service Scheme
faculty and as per clause 6.8 of the
admission criteria, he is entitled to
preference in the matter of admission.

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It is contended that petitioner is a
bona fide resident of the State of

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Rajasthan and in fact he has passed out
B.Sc. and M.Sc. both from Maharishi
Dayanand University, Ajmer to which the
respondent no.3, Government College, Ajmer
is affiliated. He submits that seat in the
Government College, Ajmer was vacant when
the petitioner has approached this Court.

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Learned Additional Govt. Counsel

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opposed the writ petition and argued that
according to admission criteria, the
preference / weigtage to the students
belonging to National Service Scheme is

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granted only for admission to under
graduate and post graduate courses and not

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for M.Phil. Learned counsel further
submits that petitioner can be considered
for admission upon production of bona fide
resident certificate, which he failed to
do, therefore, for the candidate who is
non-resident, the minimum qualified marks
for admission is 70%. He also disputed
that as of now there is any seat vacant
for admission.

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Having regard to the facts of the case
and the arguments advanced, I find that in
the face of the arguments made by the
learned counsel for the petitioner that he
is a resident of State of Rajasthan and
has passed out the degree of graduation as
well as post graduation from Maharishi
Dayanand University, Ajmer to which the
Government College, Ajmer is affiliated,

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the writ petition is allowed. The
respondents are directed to consider the
case of the petitioner for admission in

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M.Phil (Botany) upon his producing the
bona fide resident certificate in
preference to any candidate having lesser
merit than him and in case it is found
that either the candidate having lesser
merit than the petitioner has been
admitted or otherwise seat is vacant with
the respondents, admit him within two
weeks of the production of certified copy
of the order.

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 (MOHAMMAD RAFIQ), J.

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RS/

Jitendra Nagar v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Jitendra Nagar v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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