In this D.B. Civil Special Appeal, the Division Bench dismissed the appeal without examining merits. It held that since the Project had been transferred to the Rajasthan Secondary Education Council, no useful purpose would be served in examining the case on its merits, and thus the relief sought could not be granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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D.B. CIVIL SPECIAL APPEAL (W) NO.1295/2013
Smt. Pankaj Sharma Vs.
State of Rajasthan & Ors.
DATE OF ORDER : 02.3.2015
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Smt. Pankaj Sharma, for the appellant Mrs. RR Kanwar, Government Counsel, for the respondents
This appeal is preferred to question correctness of the judgment dated 25.11.2013 passed by learned Single Bench in S.B. Civil Writ Petition No.6370/2012. At the threshold, it is stated by learned Government Counsel that the Integrated Education for Disabled at Secondary Stage Project has now been transferred to Rajasthan Secondary Education Council, Jaipur and the Rajasthan State Institute of Educational Research and Training, Udaipur is not running that Project.
In view of the fact that the Project has already been transferred to Rajasthan Secondary Education Council, Jaipur even by examining merits of case, relief cannot be granted to the appellant-petitioner as prayed for. It is also relevant to mention that the respondents have already posted the petitioner at Government Secondary School, Kailashpuri i.e. said to be at a distance of about 20 Kms from Udaipur city. In view of the facts stated above, no useful purpose shall be served by examining merits of the appeal. Accordingly, the same is dismissed.
[JAISHREE THAKUR], J. [GOVIND MATHUR], J.
Sanjay
1 issue framed by the court
Whether the appeal can be examined on merits when the project has been transferred to another authority.
Smt. Pankaj Sharma
Mrs. RR Kanwar
State of Rajasthan
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
