Disposed

Kanchan and Ors. v. State of Raj and Ors.

Rajasthan HC19 Dec 2017CW/21966/2017

Case brief

AI extract

What is this about?

This order dismisses writ petitions by minors seeking admission in approved private schools under the Special Pre-Metric Scholarship Scheme. The court held that the State Government's policy of limiting specific seats under the scheme cannot be challenged and directed inclusion of petitioners only within the remaining 135 seats allocated in the district.

What did the court decide?

Petitioners to be considered for admission to the 135 approved seats available under the scheme in District Jhunjhunu based on merit.

Kanchan and Ors. Vs State of Raj and Ors. — Education and Admissions | Rajasthan HC (2017)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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ORDER

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S.B. Civil Writ Petition No.21947/2017

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Komal D/o Ram Singh, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Ram Singh S/o Leeladhar, Aged About 50 Years

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Mohit S/o Ramesh Kumar, Aged About 12 Years, R/o Village & Post Dumoli Kalan, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Ramesh Kumar S/o Gheesharam, Aged About 38 Years

¶7

Deepak Bajad S/o Umesh Kumar, Aged About 12 Years, R/o Village & Post Devta, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Umesh Kumar S/o Omprakash, Aged About 43 Years

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Rakesh S/o Ram Singh, Aged About 12 Years, R/o Village & Post Bajanawala, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Ram Singh S/o Mangeja Ram, Aged About 37 Years

¶9

Nitin S/o Mukesh Kumar, Aged About 12 Years, R/o Village & Post Bansiyal, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Mukesh Kumar S/o Umrav, Aged About 39 Years

¶10

Sandeep Kumar S/o Dharam Pal, Aged About 12 Years, R/o Village & Post Jhujharpur, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Dharam Pal S/o Jagnaram, Aged About 36 Years

¶11

Manjeet S/o Ram Saran, Aged About 12 Years, R/o Village & Post Pathana, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Ram Saran S/o Samunder Singh, Aged About 38 Years

¶12

Jatin S/o Sharwan Kumar, Aged About 12 Years, R/o Village & Post Jamalpur, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Sharwan Kumar S/o Kurdaram, Aged About 34 Years

¶13

Abhisekh S/o Rohitash, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Rohitash S/o Sri Tara Chand, Aged About 39 Years

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Manjeet Kumar Meena S/o Vijay Kumar Meena, Aged About 12 Years, R/o Village & Post Singhana, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Vijay Kumar Meena S/o Shree Ram Meena, Aged About 40 Years

¶15

Pooja Kumari D/o Leeladhar, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Leeladhar S/o Phoolchand, Aged About 38 Years

¶16

Kumkum D/o Vikram, Aged About 12 Years, R/o Village & Post Dumoli Khurd, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Vikram S/o Babulal, Aged About 39 Years

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Minakshi D/o Leeladhar, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Leeladhar S/o Jogaram, Aged About 45 Years 14. Rabika D/o Amilal, Aged About 12 Years, R/o Village & Post Dumoli Kalan, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Amilal S/o Harlal Singh, Aged About 37 Years

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Nikita Kumari D/o Satyaveer, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Satyaveer S/o Matadin, Aged About 41 Years

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Kum. Sheekha D/o Amar Singh, Aged About 12 Years, R/o Village & Post Bhakhoti, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Amar Singh S/o Baghuta Ram, Aged About 43 Years

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Anju Kumari D/o Rameshwar Lal, Aged About 12 Years, R/o Village & Post Kharkhara, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Rameshwar Lal S/o Shri Ram, Aged About 40 Years

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Priya D/o Rohitash, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Rohitash S/o Phoolchand, Aged About 35 Years

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Manjeet Singh S/o Jogendra Singh, Aged About 12 Years, R/o Village & Post Saga, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Jogendra Singh S/o Har Narayan, Aged About 38 Years

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Renu Kumari D/o Suresh Kumar, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Suresh Kumar S/o Unkar Singh, Aged About 46 Years

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Anushka D/o Sitaram Dhedhad, Aged About 12 Years, R/o Village & Post Kharkhara, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Sitaram Dhedhad S/o Jai Narayan, Aged About 49 Years

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Nisha D/o Sant Kumar, Aged About 12 Years, R/o Village & Post Tatija, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Sant Kumar S/o Bala Ram, Aged About 43 Years

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Annu Kumari D/o Mahesh Kumar, Aged About 12 Years, R/o Village & Post Tilawali, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Mahesh Kumar S/o Chhotu Ram, Aged About 46 Years

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----Petitioners

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Versus

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The State of Rajasthan Through Principal Secretary, Social Justice & Empowerment, Government of Rajasthan, Secretariat, Jaipur.

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The Secretary, School Education and Language Department, Government of Rajasthan, Secretariat, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner.

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The District Education Officer, Secondary Education, Jhunjhunu.

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----Respondents

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(2) S.B. Civil Writ Petition No. 21950/2017

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Sourabh S/o Santosh Kumar, Aged About 12 Years, R/o Village & Post Jhujharpur, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Santosh Kumar S/o Musa Ram, Aged About 34 Years.

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Shailendra S/o Rajendra Singh, Aged About 12 Years, R/o Village & Post Dhani Parmakawali, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Rajendra Singh S/o Tejaram, Aged About 37 Years.

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Sachin Dhehdar S/o Hitesh Kumar, Aged About 12 Years, R/o Village & Post Kharkhara, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Hitesh Kumar S/o Birbal Dhehadar, Aged About 31 Years.

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Rajneesh S/o Tara Chand, Aged About 12 Years, R/o Village & Post Gujarwas, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Tara Chand S/o Shyam Lal, Aged About 35 Years.

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Lakshaya Jeenar S/o Net Ram, Aged About 12 Years, R/o Village & Post Gujarwas, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Net Ram S/o Banwari Lal, Aged About 36 Years.

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Veenit S/o Amar Singh, Aged About 12 Years, R/o Village & Post Alipur, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Amar Singh S/o Birbal, Aged About 39 Years.

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Deepanshu S/o Sunil Kumar, Aged About 12 Years, R/o Village & Post Singhana, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Sunil Kumar S/o Shri Ram Meena, Aged About 36 Years.

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Amit S/o Ramphal, Aged About 12 Years, R/o Village & Post Hamirwas, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Ramphal S/o Meduram, Aged About 37 Years.

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Anurag S/o Hazari Lal, Aged About 12 Years, R/o Village & Post Gujarwas, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Hazari Lal S/o Sri Ram , Aged About 37years.

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Nitin Gurjar S/o Naresh Kumar, Aged About 12 Years, R/o Village & Post Kuthaniya, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Naresh Kumar S/o Amar Singh, Aged About 39 Years.

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Rahul S/o Laxmi Narayan, Aged About 12 Years, R/o Village & Post Devta, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Laxmi Narayan S/o Jugaram, Aged About 41 Years.

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Sandeep Gurjar S/o Kailash Gurjar, Aged About 12 Years, R/o Village & Post Bilwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Kailash Gurjar S/o Kanaram, Aged About 40 Years.

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Ravinder S/o Mohan Lal, Aged About 12 Years, R/o Village & Post Gujarwas, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Mohan Lal S/o Shyamlal, Aged About 37 Years.

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Hemant S/o Mehar Chand, Aged About 12 Years, R/o Village & Post Jhujharpur, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Mehar Chand S/o Jagnaram, Aged About 34 Years.

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Ankit S/o Puranmal, Aged About 12 Years, R/o Village & Post Ranwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Puranmal S/o Malaram, Aged About 39 Years.

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Ajay S/o Rohitashwa, Aged About 12 Years, R/o Village & Post Thali, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Rohitashwa S/o Kurdaram, Aged About 37 Years.

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Ankita D/o Raj Kumar, Aged About 12 Years, R/o Village & Post Iskpura, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Raj Kumar S/o Unkar Singh, Aged About 42 Years.

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Deepika D/o Lekhram, Aged About 12 Years, R/o Village & Post Banhad, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Lekhram S/o Banshiram, Aged About 43 Years.

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Karina Kumari D/o Munshi Ram, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Munshi Ram S/o Umrav, Aged About 39 Years.

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Kum. Takshita D/o Jagdish Prasad, Aged About 12 Years, R/o Village & Post Kuthaniya, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Jagdish Prasad S/o Phoolchand, Aged About 41years.

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Pooja D/o Ramesh Kumar, Aged About 12 Years, R/o Village & Post Dumoli Kalan, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Ramesh Kumar S/o Ghisaram, Aged About 38 Years.

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Sudesh Kumari D/o Omprakash, Aged About 12 Years, R/o Village & Post Rojara, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Omprakash S/o Tara Chand, Aged About 43 Years.

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Nachita D/o Jagdish Pasad, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Jagdish Prasad S/o Banwari Lal, Aged About 37 Years.

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Karishma Gurjar D/o Hari Ram, Aged About 12 Years, R/o Village & Post Dhani Bharghdan, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Hari Ram S/o Bhataram, Aged About 42 Years.

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Aditi D/o Babulal, Aged About 12 Years, R/o Village & Post Khuwadwas, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Babulal S/o Bhagwana Ram, Aged About 44 Years.

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Priti Chaneja D/o Kailash Chand, Aged About 12 Years, R/o Village & Post Jasrapur, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Kailash Chand S/o Mangla Ram, Aged About 47 Years.

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Sarjeet S/o Ram Singh, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Ram Singh S/o Leeladhar, Aged About 50 Years.

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Kareena D/o Munshi Ram, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Munshi Ram S/o Umrav, Aged About 39 Years.

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Kavita D/o Dholaram, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Dholaram S/o Leeladhar, Aged About 50 Years.

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Ankita D/o Laxmi Narayan, Aged About 12 Years, R/o Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Laxmi Narayan S/o Banwari Lal, Aged About 49 Years.

----Petitioners

Versus

The State of Rajasthan Through Principal Secretary, Social Justice & Empowerment, Government of Rajasthan, Secretariat, Jaipur.

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The Secretary, School Education and Language Department, Government of Rajasthan, Secretariat, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner.

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The District Education Officer, Secondary Education, Jhunjhunu.

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----Respondents

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(3) S.B. Civil Writ Petition No. 21966/2017

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Kanchan D/o Balbeer, Aged About 12 Years, R/o Village & Post Kharkhara, Tehsil Khetri, District Jhunjhunu, Minor Through Hsi Natural Guardian Father Balbeer S/o Totaram, Aged About 50 Years.

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Rinku Siradhana S/o Mahesh Kumar, Aged About 12 Years, R/o Village & Post Khakhara, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Mahesh Kumar S/o Banwari Lal, Aged About 46 Years.

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Manisha D/o Hoshiyar Singh, Aged About 12 Years, R/o Village & Post Hamirwas, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Hoshiyar Singh S/o Jai Narayan, Aged About 49 Years.

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Himanshi D/o Godaram, Aged About 12 Years, R/o Village & Post Tikupura, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Godaram S/o Mularam, Aged About 47 Years.

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Anju Kumari D/o Sahi Ram, Aged About 12 Years, R/o Village & Post Hamirwas, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Sahi Ram S/o Matadhin, Aged About 41 Years.

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Payal D/o Ram Chandra, Aged About 12 Years, R/o Village & Post Dev Nagar, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Ram Chandra S/o Rameshwar, Aged About 39 Years.

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Monika D/o Mukesh Kumar, Aged About 12 Years, R/o Village & Post Dhani Bhajanawali, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Mukesh Kumar S/o Ramshwarup, Aged About 45 Years.

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Anamika D/o Ajay Kumar, Aged About 12 Years, R/o Village & Post Hamirwas, Tehsil Buhala, District Jhunjhunu, Minor Through His Natural Guardian Father Ajay Kumar S/o Yadram, Aged About 38 Years.

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Simaran D/o Vishal, Aged About 12 Years, R/o Village & Post Bodhan, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Vishal S/o Ganpat, Aged About 41 Years.

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Komal D/o Bheemuram, Aged About 12 Years, R/o Village & Post Dhani Dharghdan, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Bheemuram S/o Nincharan, Aged About 34 Years.

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Ujjala D/o Vidyadhar, Aged About 12 Years, R/o Village & Post Tilawali, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Vidyadhar S/o Jagdish Prasad, Aged About 44 Years.

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Ankita D/o Jagdish Prasad, Aged About 12 Years, R/o Village & Post Devta, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian

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Father Jagdish Prasad S/o Sardara Ram, Aged About 39 Years.

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Nitisha D/o Sheeshram Siradhana, Aged About 12 Years, R/o Village & Post Kharkhara, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Sheeshram Siradhana S/o Banshi Ram, Aged About 47 Years.

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Varsha Kumari Meena D/o Mukesh Kumar Meena, Aged About 12 Years, R/o Village & Post Singhana, Tehsil Buhana, District Jhunjhunu, Minor Through His Natural Guardian Father Mukesh Kumar Meena S/o Shri Ram Meena, Aged About 40 Years.

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Tamanna D/o Dharampal, Aged About 12 Years, R/o Village & Post Kalota, Tehsil Khetri, District Jhunjhunu, Minor Through His Natural Guardian Father Dharampal S/o Malaram, Aged About 46 Years.

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----Petitioners

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Versus

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The State of Rajasthan Through Principal Secretary, Social Justice & Empowerment, Government of Rajasthan, Secretariat, Jaipur.

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The Secretary, School Education and Language Department, Government of Rajasthan, Secretariat, Jaipur.

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The Director, Secondary Educaion, Rajasthan, Bikaner.

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The District Education Officer, Secondary Education, Jhunjhunu.

---- Respondents

Date of Order:

December 19, 2017.

PRESENT

HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Jeetendra Kumar Sharma, for the petitioners. Mr. S.K. Gupta, AAG with Mr. Y.S. Jaduan, for respondent State.

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BY THE COURT :

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All these petitions agitate a common issue, and therefore are being decided by a common judgment.

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The issue relates to admission of students selected under the

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Special Pre-Metric Scholarship Scheme (including Dev Narayan Gurukul Yojna) (hereafter `the scheme'), in designated upper primary schools to the extent of seats in each school as determined by the State Government.

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The State Government under its policy to incentivise education at the upper primary level and beyond for targetted SC/ST/ OBC (non Creamylayer) students visualised a scheme. Thereunder 1167 seats in the aggregate in 54 approved private schools to specific extent in each school was determined. These were to be filled from amongst the SC/ ST/ OBC (non Creamylayer) students. The method of selecting students for the scheme was to ascertain their merit on the basis of a state level common test. The allocation of school thereafter was based on merit-cum-choice of the selected students i.e. their merit position vis-a-vis the number of seats available at a given school preferred. This methodology has been set out in the notification dated 18-52017 issued by the Director, Secondary Education, Bikaner. Therein it has been provided that each of the student selected at the common test would be allowed to opt for five schools for admission to the seats available in the respective schools under the scheme. And in the event of any student not being admitted to a school opted, for reason of lower merit, he/ she would be considered for admission on vacant seats under the scheme in school nearest the residence of the students.

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Mr. Jitendra Kumar Sharma, counsel for the petitioners submitted that about 90 seats in various approved schools in District Jhunjhunu are vacant and the 68 petitioners, all residents of District Jhunjhunu, who were not addmited to schools they opted for, be adjusted and admitted to such seats. It was submitted that the respondents were not so doing arbitrarily and hence these petitions for appropriate directions in the interest of student welfare and justice.

¶114

Per contra, Mr.S.K. Gupta, AAG has submitted that unlimited number of seats at the approved private schools in the aggregate and individually in the approved private schools under the scheme in issue do not obtain. It has been submitted that the State Government has a limited budget for the scheme and for that reason only 1167 seats at 54 approved private schools spread over 23 districts in the State of Rajasthan, have been identified. All seats in the approved private schools are not covered under the scheme, but only specified number of seats as determined by the Government at a specific approved school are covered. It has been submitted that in district Jhunjhunu there are 135 seats, in six approved private shools which were to be filled up under the scheme. Out of those only 7 vacant seats are available as of now. In terms of the notification dated 18-52017 issued under the hand of the Director, Secondary Education

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Bikaner, the seven most meritorious students resident of District Jhunjhunu who did not get admission to a school opted for, seeking admission will be considered and admitted thereagainst. Mr. S.K. Gupta submitted that the intent and purpose of the petitioners in approaching this court is to seek enlargement of the number of seats under the scheme in different approved private schools by making it seem that all vacant seats in approved private schools irrespective of the limits under the Government's policy qua each school are to be filled up from amongst eligible SC/ST/ OBC (non-creamylayer) students. He submitted that more than the number of seats determined by the government at any approved private school for admission cannot be filled up under the scheme. It is a matter of policy of the State Government to determine the number of seats at approved private schools to be filled up under the scheme. The allocation of number of seats by the government at different approved private schools is not in any event under challenge, submitted Mr. S.K. Gupta. He finally submitted that in these circumstances the writ petition is without force and be dismissed.

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Heard. Considered.

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The State Government has initiated a welfare scheme for admission into schools at the upper primary level for targetted students of SC/ST/ OBC non-creamylayer. The petitioners can not agitate any question in regard thereto except on violation of its

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terms. Nothing has been brought to the notice of the court from the scheme that it entails unlimited number of admissions to any private school approved by the State government without regad to the limit per school for such admission under the scheme by the State Government. The argument of Mr. S.K. Gupta that only specified number of seats in an approved private school as determined by the State Government are to be availed under the scheme and admission to that extent made is wholly in order and no controvert thereto has been forthcoming with reference to any specific term of the scheme. The rights of the meritorious students can be safeguarded only to the extent of the scheme—that is admission to an approved private school to the extent of seats determined for such school by the state government on the student's merit cum preference. This court cannot issue any direction in breach of the government's policy stated or otherwise as no arbitrariness in regard thereto has even been alleged what of being argued.

¶121

The petitioners can have a right for admission only with reference to the notification dated 18-5-2017. They can be considered for admission to the approved private school in District Jhunjhunu only to the extent of vacant seats in such schools with reference to 135 seats identified by State government in the six approved private schools in district Jhunjhunu for admission under the scheme.

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It is accordingly directed that vacant seats with reference to the 135 approved seats in the six schools under the scheme in District Jhunjhunu be filled up with reference to the interse merit of the petitioners on verification of their home district as disclosed in the application form.

¶124

The petitions stand disposed of accordingly.

(Alok Sharma), J.

arn/

All corrections made in the order have been incorporated in the order being emailed.

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Arun Kumar Sharma, Private Secretary.

Kanchan and Ors. v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Kanchan and Ors. v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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