The High Court granted S.B. Civil Misc. Application seeking correction in a judgment. The court clarified that an annexed penal order dated 21.02.2012, which mentioned an examination on 25.06.2011, should be read as part of the judgment dated 26.09.2012 before disposing of the application.
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In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R
S.B. Civil Misc. Application No.450/2012 In S.B. Civil Writ Petition No.5446/2012 Rishabh Agarwal Vs. RTU and Others
Date Of Order :: 04.10.2012
Hon'ble Mr. Justice Ajay Rastogi
Mr. Aatish Jain, for applicant-petitioner.
Counsel submits that application has been filed seeking correction in the judgment pronounced on 26.09.2012 and further submits that 25.06.2011 was the date on which the examination was held. However, on account of using unfair means as alleged by the respondent examination was cancelled and penalty was inflicted upon the petitioner vide order dt.21.02.2012 (Annx.6). However, the Court has referred to the order dt.25.06.2011. While the fact is that order is dt.21.02.2012 (Annx.6).
From the perusal of the order Annx.6 it reveals that 25.06.2011 was the date on which the examination was held. However, it was cancelled for using unfair means as alleged by the respondent on 21.02.2012.
Accordingly, the date of Annx.6 referred to in the judgment dt.26.09.2012 may be read as 21.02.2012 with further clarification that 25.06.2011 was the date of examination held by the respondent and it may be treated to be part of the judgment dt.26.09.2012.
With the clarification (supra), the application stands disposed of.
(Ajay Rastogi),J.
VS Shekhawat/-p.1 450WMAPPLI12Oct04FnlDsps.doc Certificate - All corrections have been incorporated in the judgment/order being emailed/Vijay Singh Shekhawat/PAJW
1 issue framed by the court
Whether the impugned judgment incorrectly refers to the date of the penal order and the date of examination held.
Rishabh Agarwal
RTU and Others
Ajay Rastogi
As recorded by the court registry
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