Jitendra Kumar Sharma v. Rashtriya Sanskrit Sansthan
1996-08-05
N.C.KOCHHAR
body1996
DigiLaw.ai
JUDGMENT 1. - Heard.The respondents are running the course, inter alia, of 'Shiksha-Shastri'. The petitioner, who had already passed such course from the Rajasthan University, applied for being admitted to the said course and he was selected, but was not given admission. He filed a writ petition in this Court. Vide order dated 25.1.96, passed in S.B. Civil Writ Petition No. 538/96, this Court directed the respondents to decide the matter of the petitioner about his admission and vide order dated 22.2.96, the respondents informed the petitioner that since he had already passed the'Shikslia-Shastri' Course from the Rajasthan University, he could not be admitted to the course concerned, run by the respondents. Feeling aggrieved, the petitioner has filed this writ petition. 2. On receipt of notice, a reply has been filed on behalf of the respondents. 3. It has been submitted by the learned counsel for the petitioner that the respondents are an institute, established under the auspices of the Human Resources Development Department of the Government of India and that when employment is sought by a person on the basis of his 'Shiksha-Shastri' degree, preference is given to the persons, who have obtained that degree from the respondent-institute. 4. It has been contended by the learned counsel for the respondents, that the petitioner having already passed the 'Shiksha-Shastri' Course from the Rajasthan University, the respondents exercised their discretion of not giving him admission, although, he was otherwise eligible and entitled to it. 5. No rule has been brought to my notice, under which, a person, though eligible and is found suitable for admission, can be denied admission to the course concerned, on the ground that he has already obtained a degree in this respect from any other university or institution. The decision of the respondents, is thus arbitrary. 6. Consequently, I allow this writ petition, quash the order dated 22.2.96 (Annex. 6) and direct the respondents, to give admission to the petitioner, to the course concerned, in the next academic session, without any further selection. The petitioner is also entitled to receive from the respondents, the costs of and incidental to this writ petition, amounting to Rs. 3000/-. 7. The writ petition stands disposed of accordingly.Writ Petition Allowed. *******