Allowed

Neelam Devi v. State of Rajasthan

Rajasthan HC11 Dec 2018CW/11043/2018

Case brief

AI extract

What is this about?

Petitioner sought recall of an interim order granted on 06.12.2018 as the main writ petition was decided under Lalit Kumar v. UGC. Court allowed the application, recalled the interim order dated 06.12.2018, and disposed of the writ petition allowing it with similar directions as in Lalit Kumar.

What did the court decide?

Recall of order dated 06.12.2018; Writ petition allowed granting 5% marks relaxation for SC/ST/OBC/PH candidates.

Neelam Devi Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ No. 11043/2018

¶3

Neelam Devi D/o Sh. Makhan Singh, Aged About 33 Years, Dhaban, Tehsil Sangaria, District- Hanumangarh, Rajasthan.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through The Secretary, Department Of Higher Education, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶7

Commissioner, Commisionerate Of College Education, Government Of Rajasthan, Block-Vi, Dr. S. Radhakrishanan Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur 302015 (Raj.).

¶8

Rajasthan Public Service Commision, Through Its Secretary, Ajmer (Raj.).

¶9

----Respondents

¶10

For Petitioner(s) : Mr. C.R. Choudhary For Respondent(s) : Ms. Sweta Bora for Mr. Anil Bissa Mr. Digvijay Singh Jasol

¶11

HON'BLE MR. JUSTICE ARUN BHANSALI

¶12

Order

¶13

11/12/2018

¶14

An application has been filed by the petitioner, inter alia, indicating that on 06.12.2018 in the presence of counsel for the respondents the writ petition filed by the petitioner was decided in light of judgment in the case of Sarwan Kumar Saran v. State of Rajasthan & Ors. : S.B.C.W.P. No. 11418/2018, decided on 24.10.2018, which in turn had followed the judgment in the case of Lalit Kumar v. University Grants Commission & Ors. : S.B. Civil Writ Petition No. 7545/2017, decided on 28.11.2017. However,

¶15

(2 of 2)

¶16

[CW-11043/2018]

¶17

instead of indicating disposal of the writ petition again an interim order has been granted by the Court, which was already granted in the matter on 30.07.2018.

¶18

Learned counsel for the respondents do not dispute the said position.

¶19

In view of the above, the application being I.A. No. 03/2018 filed by the petitioner is allowed, the order dated 06.12.2018 is recalled.

¶20

In the case of Lalit Kumar (supra) it was, inter alia, directed by the Court as under:-

¶21

“19. Thus in view of the aforesaid observations the present writ petitions are allowed and the respondents are directed to provide relaxation of 5% marks at UG Level, PG Level and for assessment of good academic record to the candidates belonging to SC/ST/OBC and PH Category as being mandated by the UGC Regulations of 2010 and 2016. Since already an interim order was operating in favour of the petitioners and they have participated in favour of the petitioners and they have participated in the selection process for the post and the selections have not culminate into finality therefore the present order shall be applicable for all petitioners only as reinitiating the selection shall be prejudicial to all the participating candidates.”

¶22

Learned counsel appearing for the respondents is not in a position to dispute that the issue raised in the present petition is similar to the case of Lalit Kumar (supra).

¶23

In view of the submissions made, the writ petition filed by the petitioner is allowed in light of and with similar directions as given in the case of Lalit Kumar (supra).

¶24

(ARUN BHANSALI),J

¶25

AK Chouhan/-

Neelam Devi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Neelam Devi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Salim Khan Pathan Vs the Rajasthan State Road Transport Corporation

Babu Singh and Anr. Vs State of Rajasthan and Ors.

Devi Singh Chouhan Vs State of Rajasthan

Durga Prasad and Ors. Vs State and Ors.

Prahlad Singh Vs State of Rajasthan and Ors.

Pradeep Kumar Vs State of Rajasthan