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2012 DIGILAW 2 (RAJ)

Tara Chand Jat v. The University of Rajasthan

2012-01-02

ALOK SHARMA

body2012
JUDGMENT 1. - The matter comes up on the applications one for declaration of result of the petitioner and other for early hearing of the case. However with the consent of the counsel for the parties the matter is being finally disposed of. 2. The facts of the case are that the petitioner appeared in the PTET-2009 Examination conducted by the Jai Narayan University Jodhpur and passed the same. Thereupon the petitioner was admitted into B. Ed. Course and was allotted Deepshikha Teachers Training College Jaipur. Thereafter the petitioner reported to the college allotted on 31.07.2009 and submitted all the relevant documents. After examining the documents the college administration is alleged to have illegally demanded Rs. 500/- for the prospectus against which the petitioner states to have raised an objection. According to the petitioner similar demand having made of other students a fracas ensued and certain elements damaged property of the college. The college authorities attributed a slerting role in the commotion to the petitioner and one Tara Chand Jat S/o Balram Jat. 3. In view of the alleged role of the petitioner and Tara Chand Jat vide letter dated 02.08.2009 the petitioner was informed by the Principal Deepshikha Teachers Training College Jaipur that his admission into B.Ed. Course was being cancelled. 4. Against the cancellation of his admission vide letter dated 02.08.2009 under the hand of the Principal of the college (respondent herein) the petitioner approached this Court by way of SBCWP No.15321/2009. This Court vide its order dated 07.12.2009 however dismissed the writ petition in limine in view of the fact that the the petitioner's disorderly conduct in the college at the time of admission itself did not warrant this Court to exercise its extraordinary jurisdiction in the aid of the petitioner. 5. Be that as it may thereafter on 22.12.2009 the petitioner appears to have made a representation to the Registrar the University of Rajasthan Jaipur complaining about the manner in which his lawfully acquired admission has-been cancelled by the college administration. It was submitted that the action against the petitioner was vitiated and mala fide and the petitioner had been wrongly targeted on incorrect facts merely for the reason of the petitioner having objected to certain unlawful demands for monies by the college at the time of admission in spite of the entire fee payable for admission having already been deposited. It was submitted that the action against the petitioner was vitiated and mala fide and the petitioner had been wrongly targeted on incorrect facts merely for the reason of the petitioner having objected to certain unlawful demands for monies by the college at the time of admission in spite of the entire fee payable for admission having already been deposited. In the said representation dated 22.12.2009 it appears that the order dated 07.12.2009 passed by this Court dismissing the writ petition was not brought to the notice of the Registrar of the Rajasthan University. Further in the meantime the petitioner appears to have worked 'upon the college authorities of the Deepshikha Teachers Training College Jaipur whereupon the Principal addressed a letter to the Rajasthan University stating that the allegation of the petitioner engaging in disorderly conduct and breaking furniture along with others at the time of admission on 31.07.2009 appeared to have been incorrect. The college in the circumstances recommended that the petitioner be allowed to fill up the form for writing the B.Ed. Examination- 2010. The recommendation of the Principal was rather odd as the very same Principal had by letter dated 02.08.2009 cancelled the admission of the petitioner into the B. Ed. Course. To this Court. the flip-flop by the Principal of the college-respondent is indicative of the shoddy on goings in the field of education where in spite of having cancelled the admission of the petitioner vide letter dated 02.08.2009 the Principal made a U- turn and subsequently in his letter to the Rajasthan University indicated that the petitioner had been provisionally readmitted in February 2010 and had been regularly attending classes. The Principal further stated that in the event the petitioner were found to be short on attendance for writing the examination such short attendance would be overcome by holding extra classes. Consequently vide letter dated 14.06.2010 the Additional Vice-Chancellor of the Rajasthan University directed the Principal of Deepshikha Teachers Training College Jaipur to allow the petitioner to fill his form to write the B. Ed Examination-2010 as it was found on an enquiry that the allegations against the petitioner were absolutely false and unwarranted and no incident as alleged had taken place on 31.07.2009 for which the petitioner was responsible. 6. 6. Counsel for the petitioner submits that in spite of the clear cut direction of the Additional Vice-Chancellor of the Rajasthan University in his letter dated 14.06.2010 to the Principal of the College the Principal did not allow the petitioner to fill up the examination form to write the B.Ed. Examination- 2010. In these circumstances the petitioner approached this Court by way of present writ petition. It has been submitted that on 12.07.2010 while issuing notice, this Court was pleased to direct that "in the meanwhile. the respondents are directed to accept the form of the petitioner and permit him to appear in B.Ed. Examination-2010". The petitioner thus wrote the B.Ed. Examination-2010. 7. Following the order dated 12.07.2010 passed by this Court the petitioner wrote the B. Ed. Examination-2010. Subsequently vide order dated 08.11.2010 on an application being moved by the petitioner seeking direction to appear in the final lesson and Computer Practical Examination pertaining to B.Ed. Course. this Court was pleased to direct the respondents to allow the petitioner to appear in the final lesson and Computer Practical Examination. The petitioner availed of the directions of this Court. 8. I have heard the counsel for the petitioner as also the respondent- University and perused the writ petition. No one has appeared on behalf of the respondent-College. 9. The chronology of events in the present case is rather odd. Admittedly the petitioner's admission into B.Ed. Course at the Deepshikha Teachers Training College Jaipur was cancelled on 2.8.2010 and the writ petition against the said cancellation was also dismissed. Subsequently. on the complaint made by the petitioner against the college the Additional Vice-Chancellor of the Rajasthan University directed the college that the petitioner be allowed to write the B.Ed. Examination-2010. Thereafter this Court by two interim orders aforesaid allowed the petitioner to write the B.Ed. Examination-2010 and also attend the final lesson and Computer Practical Examination. 10. The manner in which education is being imparted and the flip flop actions of the college on the one hand and the casual approach of the University in the matter on the other is rather odd. But in the facts of the case the petitioner has indeed written the B. Ed. Examination-2010 and also attended the final lesson and Computer Practical Examination. But in the facts of the case the petitioner has indeed written the B. Ed. Examination-2010 and also attended the final lesson and Computer Practical Examination. As far as the complicity of the petitioner in the incident dated 31.07.2009 is concerned even though a writ petition challenging the cancellation of the admission has been dismissed by this Court on 07.12.2009 yet subsequently there is material on record to establish that both the college and the University have been found that the petitioner was not involved in the incident of disorderly conduct on 31.07.2009 at the time of admission. 11. In this view of the matter taking into consideration the overall facts of the case I would allow the writ petition as prayed for and direct the University of Rajasthan to declare the result of the petitioner for B.Ed. Examination- 2010.Stay application is also disposed of.Petition allowed. *******