Research › Search › Judgment

Rajasthan High Court · body

2003 DIGILAW 1540 (RAJ)

State of Rajasthan v. Jyoti Bala Jangid

2003-11-12

ANIL DEV SINGH, K.K.ACHARYA

body2003
JUDGMENT 1. - We do not find any sufficient ground to condone the delay of 52 days in filing the appeal. Even otherwise there Is no merit in the appeal. 2. The respondent undoubtedly belongs to O.B.C. category. She applied for admission to the three years' General Nursing Training Course under that category. She being meritorious was given admission against the general category seat. The difficulty of the respondent arises because of her merit and it is due to queer stand of the appellant that she is required to pay full coaching fee since she has been given seat under the general category. 3. Being aggrieved by the demand, the respondent filed the writ petition which was allowed by the learned Single Judge. The learned Single Judge was of the opinion that the petitioner was rightly accommodated against the General Category seat because of her merit but she should not be penalised for her merit by asking her to pay the full coaching fee. 4. We do not find any error or illegality in the order passed by the learned Single Judge just because the respondent was accommodated against the General Category seat, she cannot be penalised for her merit. s One should not ignore the fact that the respondent had applied under the Reserved Category. It was not because of her volition that the seat was given to her under the General Category. It was for the appellant to provide her seat either in the General Category or under the Reserved Category. Since the appellant selected the respondent under the General Category on its own, this cannot work to her prejudice. 5. It is an admitted position that Reserved Category candidates are required to pay the coaching fee at a subsidised rate. For all practical purpose, the respondent would remain as a Reserved Category candidate and she will be entitled to all the benefits accruing to the Reserved Category candidate at all stages. Therefore, in case the respondent has already paid the coaching fee, the excess amount has to be refunded to her.We do not find any force in the appeal. Accordingly the appeal fails and is dismissed.Appeal Dismissed. *******