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2004 DIGILAW 1708 (RAJ)

Shashi Bala Meena v. The State of Rajasthan

2004-12-01

SHASHI KANT SHARMA, Y.R.MEENA

body2004
JUDGMENT 1. 1. A preliminary objection has been raised by the registry that this appeal, against the interim order is not maintainable. 2. Learned counsel for the appellant submits that in order dated 29.11.2004, learned Single Judge has ordered that the petitioner be listed after four weeks. He further submits that the main examinations are going to be held from 2.12.2004, therefore, after four weeks nothing survives in the writ and in that case, it is almost dismissal of the writ petition. 3. Considering this fact, this appeal against the interim order is maintainable. The objection raised by the registry is overruled. 4. Mr. Sharma, learned Dy. GA appeared for the respondents. Learned counsel for the appellant is directed to supply a copy of stay application as well as memo of appeal to him. 5. Heard learned counsel for the appellant on admission. 6. Admit. Issue notice to the respondents. 7. Heard learned counsel for the appellant on stay application also. 8. Learned counsel for the appellant submits that in case of Deeraj Soni and Ladu Lal Khatik (S.B. Civil Writ Petition No. 3666/04) in order dated 8.11.2004 on similar facts, learned Single Judge has allowed the petitioners to appear in the main examination. However, the appearance of the petitioners in that case will be on provisional basis and subject to the decision of the writ petition. 9. Once, learned Single Judge has given the benefit of Deeraj Soni and Ladu Lal, in our view, there is no justification to order that case of the petitioner be listed after four weeks when the examinations will be over. 10. Considering these facts, we direct the respondents to permit the petitioner-appellant to appear in the RAS-FITS (Main) Examination, 2003. However, her appearance in the examination will be provisional and will be subject to the decision of the writ petition, as writ petition is still pending before the learned Single Judge. 11. Put up after three weeks. *******