Skip to content


Yashpal Choudhary(Obc) Vs. State of Rajasthan and Another. - Court Judgment

SooperKanoon Citation
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 10731 of 2011
Judge
AppellantYashpal Choudhary(Obc)
RespondentState of Rajasthan and Another.
Advocates:Mr. Rajkumar Tongawat, Adv
Excerpt:
.....that the petitioner made a representation in this regard to respondent no. 2, coordinator, pre bstc examination, 2011, government college, ajmer on 08.08.2011, mentioning all the details including the name and number of less meritorious candidate namely rakesh kumar bobasya, but till date neither his representation has been decided nor the petitioner has been called for counselling and allotment of college.  in these circumstances, the petitioner was compelled to file this writ petition. 4. i have considered submissions of learned counsel for the petitioner. 5. the petitioner has placed on record a copy of his caste certificate(annexure-1), copy of his mark sheet of pre bstc result, 2011(annexure-4), copy of mark sheet of less meritorious candidate namely rakesh kumar.....
Judgment:

1. Heard learned counsel for the petitioner.

2. Grievance of the petitioner in this writ petition is that he secured 329 marks in the Written Examination of Pre BSTC(Sanskrit), 2011, but he has not been called for counselling, whereas a less meritorious candidate of the same category namely Rakesh Kumar Bobasya having Roll NO. 791511, who secured 316 marks(55.54%) has been called for counselling and he has been allotted college/institution i.e. S.N. College of Education, Badgaon Road, Dholpur.

3. The petitioner has pleaded that he belongs to OBC category.  He passed Praveshika Examination in the year 2009 and Varishtha Upadhayaya Examination in the year 2011 from the Board of Secondary Education, Rajasthan.  He has annexed his Caste Certificate as well as his Qualification Certificates with the writ petition.  The petitioner applied for Pre BSTC(Sanskrit) Course, 2011.  The petitioner appeared in the written examination of Pre BSTC(Sanskrit), 2011 and secured 329 marks.  The respondents conducted counselling for allotment of seat/college for undertaking BSTC(Sanskrit) Course, 2011, but surprisingly, the petitioner has not been called for counselling, whereas a less meritorious candidate, namely Rakesh Kumar Bobasya has been called and allotted the college also.  It is also pleaded that the petitioner made a representation in this regard to Respondent No. 2, Coordinator, Pre BSTC Examination, 2011, Government College, Ajmer on 08.08.2011, mentioning all the details including the name and number of less meritorious candidate namely Rakesh Kumar Bobasya, but till date neither his representation has been decided nor the petitioner has been called for counselling and allotment of college.  In these circumstances, the petitioner was compelled to file this writ petition.

4. I have considered submissions of learned counsel for the petitioner.

5. The petitioner has placed on record a copy of his Caste Certificate(Annexure-1), copy of his Mark Sheet of Pre BSTC Result, 2011(Annexure-4), copy of Mark Sheet of less meritorious candidate namely Rakesh Kumar Bobasya(Annexure-5), copy of allotment of college to Rakesh Kumar Bobasya(Annexure-6), copy of representation dated 08.08.2011 submitted by the petitioner(Annexure-7).  From the documents annexed with the writ petition, prima-facie it appears that a less meritorious candidate has been given admission in BSTC(Sanskrit) Course, 2011.  In these circumstances, in the interest of justice, I think it fit and proper to direct the petitioner to file a fresh representation alongwith copy of his earlier representation dated 08.08.2011 as well as copy of this order before Respondent No. 2, Coordinator, Pre BSTC Examination, 2011, Government College, Ajmer within a period of seven days and in case the petitioner submits his representation, as directed above, then the Respondent No. 2 is directed to consider the same sympathetically and pass necessary order thereon in accordance with law within a period of ten days from the date of receipt thereof. 

6. It is needless to mention that in case it is found that a less meritorious candidate than the petitioner has been called for counselling and allotted a college, then Respondent No. 2,  Coordinator, Pre BSTC Examination, 2011, Government College, Ajmer will pass necessary/appropriate order in favour of the petitioner forthwith.

7. With the aforesaid observation and direction, writ petition stands disposed off.   


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //