Dismissed

Binesh Kumar Jangid S/O Shri Bajrang Lal Jangid v. State of Rajasthan

Rajasthan HC5 Aug 2021CW/965/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a writ petition seeking admission to a Government ITI. The interim order was vacated because the petitioner missed the counselling appointment, and during his absence, seats were filled by more meritorious candidates who appeared earlier.

What did the court decide?

Vacated interim order; dismissed writ petition and pending applications.

Binesh Kumar Jangid S/O Shri Bajrang Lal Jangid… — Education and Admissions | Rajasthan HC (2021)

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(1 of 2)

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[CW-965/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.965/2021

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Binesh Kumar Jangid S/o Shri Bajrang Lal Jangid, Aged About 18 Years, R/o Village Kakrai, Teh Khetri, Dist Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Principal Secretary, Technical Education, Secretariat, Rajasthan, Jaipur.

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1. Directorate Of Technical Education, Through Its Director, W-6, Residency Road, Jodhpur, Rajasthan.

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Principal Government Iti, Khetri, Dist - Jhunjhunu - 303503, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Krishan Kumar Sharma For Respondent(s) : Mr. Hari Kishan Saini, Dy. GC.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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05/08/2021

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Learned counsel for the respondents has moved an application for vacation of stay and points out that the court has directed on 08.02.2021 to keep one post vacant for the petitioner, however, he submits that when the order was passed on 08.02.2021 all the seven seats stood already filled and therefore there is no vacant post available with the Department. Learned counsel submits that the petitioner was to appear at 10 O’clock in the morning for counselling as on 15.01.2021. It was informed that there are only 7 seats available but he did not appear in the morning and reached at 1 PM and by that time all the seats had already been filled by the candidates who had appeared in the counselling.

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(2 of 2)

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[CW-965/2021]

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In the said circumstances, learned counsel for the respondents submits that the order passed by this court cannot be implemented and one post cannot be kept vacant for the petitioner. Learned counsel submits that session has already started and the admissions for the next session are to commence from 07.08.2021. If the petitioner applies, he may be given admission in the next session.

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Learned counsel appearing for the petitioner, however, does not agree to the said proposal.

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I have considered the submissions.

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This court finds that there were only 7 seats available in the ITI which have already been filled on the day when the interim order was passed. While it is admitted by the respondents that the petitioner was higher in merit, since he did not appear for counselling upto 1 PM all the seats were filled by candidates who had appeared in the morning from 10 AM onwards and therefore no relief can be granted to the petitioner as against the said admissions. More so, as the petitioner has not impleaded any person as a party who is lesser meritorious than him has been admitted in college, in his absence, no order can be passed as against him.

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In view thereof, the interim order passed by the court is vacated.

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Taking into consideration the aforesaid aspects, this court is satisfied that no further relief can be granted to the petitioner. The writ petition is accordingly dismissed. All pending applications, if any, also stand dismissed.

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(SANJEEV PRAKASH SHARMA),J

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Karan/104

Binesh Kumar Jangid S/O Shri Bajrang Lal Jangid v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Binesh Kumar Jangid S/O Shri Bajrang Lal Jangid v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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