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2019 DIGILAW 1004 (RAJ)

Hemraj Jat v. State of Rajasthan

2019-04-03

ARUN BHANSALI

body2019
JUDGMENT 1. It is submitted by learned counsel for the parties that the issue raised in the present writ petition is squarely covered by judgment in Lalit Kumar v. University Grants Commission & Ors. : S.B.C.W.P. No. 7545/2017, decided on 28.11.2017, which judgment has been followed in Sahdev Gujrati v. State of Rajasthan & Ors. : S.B.C.W.P. No. 13135/2018, decided on 29.08.2018. 2. In the case of Lalit Kumar (supra) this Court directed as under:- "19. Thus in view of the aforesaid observations the present writ petitions are allowed and the respondents are directed to provide relaxation of 5% marks at UG Level, PG Level and for assessment of good academic record to the candidates belonging to SC/ST/OBC and PH Category as being mandated by the UGC Regulations of 2010 and 2016. Since already an interim order was operating in favour of the petitioners and they have participated in the selection process for the post and the selections have not culminated into finality therefore the present order shall be applicable for all petitioners only as reinitiating the selection shall be prejudicial to all the participating candidates." 3. Following the above judgment in the case of Sahdev Gujrati (supra) it was directed as under:- "2. In view of the above, the writ petition is disposed of with the direction to the respondents to decide the case of the petitioner strictly in terms of the law laid down in the aforementioned precedent law. The necessary consideration shall be made within a period of 30 days from today. It is made clear that until the final decision is arrived, the petitioner shall be permitted to participate in the selection process, which shall be subject to the final outcome of decision taken by the respondents." 4. In view of the submissions made by learned counsel for the parties, the writ petition filed by the petitioner is also allowed/disposed of in light of judgment in the case of Lalit Kumar (supra) and Sahdev Gujrati (supra) with similar directions.