Shweta Sharma D/O Shri Radhey ... vs State Of Rajasthan
2021 Latest Caselaw 7695 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            D.B. Special Appeal Writ No. 1035/2021

1.    Shweta Sharma D/o Shri Radhey Shyam Sharma, Aged
      About 23 Years, R/o 60, Govind Nagar, Nadika Phatak,
      Murlipura, Jaipur-302030.
2.    Chandra Kanwar D/o Shri Lal Singh Chawara, Aged About
      24 Years, R/o Gyan Sadan, Bikaner (Rajasthan)
3.    Manisha D/o Shri Suresh Kumar, Aged About 23 Years,
      R/o      Madhopura,        Post      Sahnusar,           Tehsil   Ramgarh
      Shekhawati, District Sikar (Raj.)
4.    Preeti Godara D/o Shri Kuldeep Singh Godara, Aged
      About 24 Years, Resident Of Bagar, Tehsil Jhunjhunu
      District Jhujhunu (Rajasthan)
5.    Kusum Meghwal D/o Late Shri Narayan Lal Meghwal,
      Aged About 24 Years, Resident Of House No. 13, Verma
      Colony, Savina, Udaipur.
6.    Nupur Pandey D/o Late Shri Om Prakash Pandey, Aged
      About 23 Years, Resident Of C-181, Agarsen Nagar, Churu
      (Rajasthan)
7.    Sunil Tak S/o Shri Ramjas Tak, Aged About 24 Years,
      Resident Of Dhani Kumharan, Tehsil Nohar, District
      Hunumangarh (Rajasthan)
8.    Vijendra Tak S/o Shri Nand Kishore, Aged About 25 Years,
      Resident Of Borunda, Jodhpur (Rajasthan)
9.    Kamal Chandel D/o Shri Lal Chand Chandel, Aged About
      23 Years, R/o 247/30, Shiv Colony, Jhalabna Dungari,
      Tehsil Sanganer, Jaipur .
10.   Yogesh Sharma S/o Shri Rajesh Kumar Sharma, Aged
      About 25 Years, Resident Of Baswa, District Dausa
      (Rajasthan)
11.   Pawan Choudhary S/o Suresh Kumar Dhayal, Aged About
      25 Years, R/o Post Kohari Dhayalan, Sikar (Rajasthan).
12.   Kuldeep Singh S/o Shri Dedaram, Aged About 24 Years,
      Resident Of Dhani Lavanda, Sikar (Rajasthan)
13.   Karan Singh S/o Darshan Singh Gurjar, Aged About 24
      Years,    Resident      Of    Village      Pavatta,        District   Dausa
      (Rajasthan).
                                                                  ----Appellants

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                                    Versus
1.   State Of Rajasthan, Through Additional Chief Secretary,
     Department         Of     Animal        Husbandry,          Government      Of
     Rajasthan, Govt. Secretariat, Jaipur.
2.   The   Dean,        Post      Graduate          Institute       Of   Veterinary
     Education And Research (Pgiver), N.h. 11, Agra Road,
     Jamdoli, Jaipur-302031
3.   The Dean, College Of Veterinary And Animal Science,
     Bikaner (Rajasthan)
4.   Registrar, Rajasthan University Of Veterinary And Animal
     Sciences, Bikaner.
                                                                   ----Respondents

connected with D.B. Special Appeal Writ No. 1036/2021

1. Mahima Dilawar D/o Shri Hari Mohan Dilawar, Aged About 23 Years, Ward No. 1, Bus Stand Road, Khedliganj, Tehsil Atru, District Baran.

2. Shankar Lal Jat S/o Shri Kailash Chand Jat, Aged About 25 Years, Resident Of Ward No. 10, Dhani Deradi, Neejhar-303103 District Jaipur.

3. Shivraj Jatav S/o Shri Laxman Singh, Aged About 25 Years, Resident Of Jatav Mohall, Kotwas, Jagar, District Karauli.

4. Virendra Kumar S/o Shri Keshar Deo Jhajharia, Aged About 24 Years, Resident Of Sotwara Doomra Road, Village Post Doomra, Tehsil Nawalgarh, Dstrict Jhunjhunu.

5. Yaduveer Singh S/o Shri Bali Chand Singh, Aged About 25 Years, R/o Village Paraswara Kherli Gadasiya, Tehsil Nadbai, District Bharatpur.

6. Priya Khandelwal D/o Shri Sanjay Kumar Sharma, Aged About 22 Years, Resident Of Khicharo Ka Bas, Jaipur Road, Sikar (Raj.)

7. Ashok Kumar Bhamu S/o Shri Ramawatar Singh Bhamu, Aged About 24 Years, Resident Of Ward No. 06, Khandelsar District Sikar (Raj.)

8. Kapil Dharmesh S/o Shri Kanhaiya Lal Pipliwal, Aged About 23 Years, Resident Of 188, Prem Nagar-I, Gujar Ki Thadi, New Sanganer Road, Sodala, Jaipur.

(3 of 9) [SAW-1035/2021]

9. Chandra Shekhar Beniwal S/o Shri Kanhaiya Lal Beniwal, Aged About 26 Years, Resident Of Ward No. 29, Tehsil Sahapura, Manoharpur, District Jaipur.

10. Raunak Chaudhary D/o Shri Ram Gopal Singh, Aged About 24 Years, R/o Basaiya Abhai, District Bharatpur.

11. Bharti Yadav D/o Shri Narendra Singh Yadav, Aged About 23 Years, R/o Bichpuri, Peepli, District Alwar.

12. Dinesh Kumar S/o Shri Sampatram, Aged About 25 Years, Resident Of Village Chatarpura, Tehsil Mundawar, District Alwar.

13. Rakesh Choudhary, S/o Shri Sita Ram Choudhary, Aged About 26 Years, Resident Of Ward No. 10, Sodkya Ki Dhani, Tehsil Chomu, Anatpura, District Jaipur.

14. Harsh Prabha Bhati D/o Shri Jai Singh Bhati, Aged About 24 Years, Resident Of 962/02, Shahu Enclave, Air Force Station, Residency Road, Jodhpur-342011

15. Priyanka Bissu D/o Shri Mahesh Kumar Bissu, Aged About 25 Years, Resident Of A-5/5, Old Shiv Badi Road, Patel Nagar, Bikaner (Rajasthan)

16. Futarmal Longesha S/o Shri Hindu Ramji, Aged About 24 Years, Resident Of V.p. Punadiya, Sesli District Pali (Rajasthan)

17. Jitendra Dudi S/o Shri Rampal, Aged About 25 Years, Resident Of Dudio Ka Bass, Ratkuriya, Jodhpur (Rajasthan)

18. Kuldeep Tagaya S/o Shri Shiv Kumar Regar, Aged About 26 Years, Resident Of Regar Mohalla, Gopalpura, Arni District Chittorgarh (Raj.)

19. Prashant Sharma S/o Shri Sushil Kumar, Aged About 22 Years, Resident Of Ward No. 25, Gali No. 16, Nai Abadi, Hanumangarh Town District Hanumangarh.

20. Mahendar Kumar Tard S/o Shri Magharam Tard, Aged About 22 Years, Resident Of Kistur Pura Dhani, Sajanwasi, Bikaner-334802

21. Mahesh Kuamr Prajapat S/o Shri Sukha Ram Prajapat, Aged About 24 Years, Resident Of Kathoti, Tehsil Jayal, District Nagaur-341023

22. Malvika Maru D/o Shri Shiv Shankar Maru, Aged About 24 Years, Resident Of 604, Naiyo Ke Ramdev Mandir Ke

(4 of 9) [SAW-1035/2021]

Pujari, Jail Sadar Ke Samne, P.o. Bikaner Rajasthan.

23. Munika Ninama D/o Shri Mangilal, Aged About 24 Years, Resident Of H.no. 89, Village Khadiyavani, Tehsil Pipalkhunt, District Banswara Raj.

24. Pallavi Kalasua D/o Shri Vimal Prakash Kalasua, Aged About 24 Years, Resident Of D-88, Shiv Colony, Sagwara District Dungarpur (Raj.)

25. Narendra Siyag S/o Shri Madana Ram Siyag, Aged About 24 Years, Resident Of Mirdha Nagar, Opp. Bsnl Office, Kuchaman City, Tehsil Nawa, District Nagaur.

26. Ranveer Godara S/o Shri Vishnu Ram Godara, Aged About 25 Years, Resident Of Dudi Petrol Pump Ke Samne, Jawahar Nagar, Bangalanagar, Bikaner.

27. Sunil Kumar Yadav S/o Shri Rameshwar Prasad Yadav, Aged About 26 Years, Resident Of 113, Kalyan Path, Niwaru Road, 21-South, Jaipur.

28. Rohit Kumar Pidyar S/o Shri Satish Kumar, Aged About 23 Years, Resident Of House No. 31, Secrat Heart School Ke Pass, Basant Vihar Colony, Sri Ganganagar.

29. Bhawna Bhati D/o Shri Raj Kumar Bhati, Aged About 24 Years, Resident Of 3 E-262, Jai Narayan Vyas Colony, Bikaner (Rajasthan)

30. Deepika D/o Shri Gotam Kumar, Aged About 22 Years, Resident Of Keshav Nagar, Tankipura, Goredi Chancha, District Nagaur (Raj.)

31. Virendra S/o Ramraj, Aged About 24 Years, Resident Of Jai Shri Nagar Colony, Merta District Nagaur.

32. Rashmi Chouhan D/o Shri Kishan Lal Jeenagar, Resident Of Mahaveer Marg, Milan Marble Road, Balaji Mandir Ke Samne, Shastri Nagar Vistar, Bhilwara.

33. Pushpa Jangir D/o Shri Radheshyam Jangir, Resident Of Lambor Bari, Tehsil Rajgarh, District Churu Rajasthan.

34. Pawan Kumar S/o Shri Rameshwar Lal, Aged About 25 Years, Resident Of Dulchasar, Bikaner-331811.

35. Monika Joiya D/o Shri Chhagan Lal Joiya, Aged About 22 Years, Resident Of Fatipura, Bikaner (Rajasthan)

36. Chandraval D/o Sri Ratan Lal, Aged About 26 Years, Resident Of H.no. 171 Gha, Ward No. 26, Goushala Ke Pass, Ratangarh District Churu

(5 of 9) [SAW-1035/2021]

37. Archana Fozdar D/o Shri Bali Chand Singh, Aged About 21 Years, R/o Village And Post Paraswara, Tehsil Nadbai, District Bharatpur.

38. Arvind Singh S/o Shri Pratap Singh Sisodiya, Aged About 25 Years, Resident Of Koodsoo, Bikaner.

39. Satpal Singh S/o Shri Hanuman Singh, Aged About 27 Years, Resident Of Chatarpura, Tehsil Mundawar, Shyopur District Alwar.

40. Suresh Vishnoi S/o Shri Punama Ram, Aged About 23 Years, Resident Of 127, Block N-22, B- Dhani, Sanchore, District Jalore.

41. Tejpal S/o Shri Suraj Prakash, Aged About 21 Years, Resident Of Mirdha Nagar, Ward No.1, Kuchaman City District Nagaur.

42. Sunil Kalasua S/o Shri Shankar Lal Kalasua, Aged About 23 Years, Resident Of Village Sohanvadli, Post Sendola, District Dungarpur.

43. Mohit Khatri S/o Rajendra Kumar Khatri, Aged About 24 Years, Resident Of 7-C-10, Jai Narayan Vyas Colony, Bikaner.

44. Subham Kumar Nayak S/o Shri Murli Dhar Nayak, Aged About 26 Years, Resident Of Samod, Tehsil Chomu, District Jaipur.

45. Anil Sharma S/o Shri Ghanshyam Sharma, Aged About 23 Years, Resident Of Motras, District Bhilwara.

46. Yogesh Parmar S/o Shri Manoj Kumar, Aged About 23 Years, Resident Of Kateo, Distrcit Udaipur (Raj.)

47. Gajanand Saini S/o Shri Ram Lal Saini, Aged About 23 Years, Resident Of Dhani Navodi, Mundru District Sikar.

48. Neha Meena D/o Shri Kailash Chand Meena, Aged About 24 Years, Resident Of 09, Shyama Prasad Mukhrji Nagar, Newai District Tonk.

49. Neetu Kumari D/o Shri Subhash Chand, Aged About 23 Years, Resident Of Patusari, District Jhunjhunu.

50. Naveen Kumar Yadav S/o Shri Jagdish Prasad Yadav, Aged About 24 Years, Resident Of Village Dabariya, Tehsil Bansur Mahanpur, District Alwar.

51. Manisha Ghosliya D/o Shri Gopi Ram Jat, Aged About 24 Years, Resident Of Jato Ka Mohalla, Nayabas, Shahpura

(6 of 9) [SAW-1035/2021]

District Jaipur.

52. Manisha Godara D/o Shri Sahiram Godara, Aged About 26 Years, Resident Of Bhairuji Ki Chowki Ke Pass, Sarvodya Basti, Bikaner.

53. Manish Kant Vashishth S/o Shri Ashok Sharma, Aged About 24 Years, R/o Village Chakgajipur, Tehsil Todabhim Kariri, District Karauli.

54. Mamta Rani D/o Shri Anil Kumar, Aged About 24 Years, Resident Of Nohar District Hanumangarh (Rajasthan)

55. Kuldeep Singh Gurjar S/o Shri Vikram Singh Gurjar, Aged About 23 Years, Resident Of Village Dungarpura, Jahannagar, Morda District Karauli (Rajasthan)

56. Saksham Mandawat, S/o Shri Madan Lal, Aged About 24 Years, R/o 49, Vivekanandpuram, Ranthambhor Rod, Sawai Madhopur (Raj.)

57. Rohit Dobwal S/o Shri Lakhpat Dobwal, Aged About 25 Years, Resident Of 32, M.p. Colony, Police Line Choraha, Bajariya, Sawai Madhopur.

58. Ajay Haritwal S/o Shri Ganpat Lal Haritwal, Aged About 23 Years, Resident Of Kumawato Ka Mohalla, Palsana, District Jaipur.

59. Nirmala D/o Shri Jeet Ram, Aged About 23 Years, Ward No. 08, 36 Ptp (Maniyanwali) District Ganganagar.

60. Vikas S/o Shri Om Prakash, Aged About 23 Years, R/o Vpo Sahuwala, 9 Mrn, District Hanumangarh.

61. Manish Sharma S/o Shri Bheru Lal Sharma, Aged About 23 Years, Resident Of Gogla, Distt Udaipur.

62. Brajesh Meena,s/o Shri Kanhaiya Lal Meena, Aged About 27 Years, R/o House No. 61, Gurjar And Meena Basti, Padada Bardar, Aniyala, Distt Sawai Madhopur.

63. Santosh Meena D/o Shri Vinod Kumar Meena, Aged About 24 Years, Residen Of Barkhera, Shivdaspura Tehsil Chaksu, District Jaipur.

64. Monika Choudhary D/o Shri Sumer Singh Garhwal, Aged About 24 Years, Resident Of Udawas, Deepalwas, District Jhunjhunu.

65. Rohit Pachar S/o Shri Harphool Singh, Aged About 23 Years, R/o Stand Ke Pass, Sabalpura (Rural), Distt Sikar.

66. Hemraj Parsoya S/o Shri Heera Lal Parsoya, Aged About

(7 of 9) [SAW-1035/2021]

25 Years, Resident Of Regaron Ka Mohalla, Mundru, District Sikar.

----Appellants Versus

1. State Of Rajasthan, Through Secretary, Department Of Animal Husbandry, Government Of Rajasthan, Govt. Secretariat, Jaipur.

2. The Dean, Post Graduate Institute Of Veterinary Education And Research (Pgiver), N.h. 11, Agra Road, Jamdoli, Jaipur-302031

3. The Dean, College Of Veterinary And Animal Science, Bikaner (Rajasthan)

4. Registrar, Rajasthan University Of Veterinary And Animal Sciences, Bikaner.

5. The Dean, College Of Veterinary And Animal Science, Navania, Vallabhnagar, Udaipur (Rajasthan)

----Respondents

For Appellant(s) : Mr. S.N. Kumawat For Respondent(s) : Mr. Sandeep Pathak

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment

16/12/2021

These appeals arise out of similar background. We may

record facts from D.B. Special Appeal (Writ) No.1035/2021. In this

appeal the appellants-original petitioners have challenged the

order dated 07.12.2021 passed by the learned Single Judge in

S.B. Civil Writ Petition No.9534/2020. The petitioners are admitted

in animal husbandry course. According to the petitioners the

respondents are charging more fees than prescribed for the

course. With this grievance the petitioners had approached the

learned Single Judge. By an order dated 03.09.2020 while issuing

(8 of 9) [SAW-1035/2021]

notice the learned Single Judge provided that petitioners shall

deposit fee which was existing prior to the passing of the order

dated 31.08.2019. In short for the IVth year in which the

petitioners are pursuing the course, amount of Rs.2,00,000/- have

to be deposited and the management would not be permitted to

demand further Rs.2,00,000/- during the said year. We are

informed that the petitioners have deposited first installment of

Rs.2,00,000/- and till the passing of the order dated 07.12.2021

were enjoying protection of the High Court. However by order

dated 07.12.2021 the learned Single Judge vacated the order. This

would require the petitioners to deposit another installment of

Rs.2,00,000/-. The grievance of the petitioners is that in few other

cases of similar nature interim protection granted by the Single

Judge continues and the respondents would conduct the

examination for the IVth year which starts tomorrow.

The case of the respondents putforth by Mr. Sandeep Pathak,

Advocate is that there is no change in the fee structure. The only

change in the course designed is that out of a total duration of 5-

1/2 years course previously 6 months were for internship which

has now been increased to one year. However the petitioners

cannot avoid paying the fees as originally prescribed.

In view of the facts on record, these appeals are disposed of

with following directions:-

(i) The respondents shall allow the appellants to appear in the

ensuing examinations.

(ii) This would be subject to the condition that the appellants

shall deposit a further sum of Rs.2,00,000/- each with the

respondents under objection latest by 30.06.2022.

(9 of 9) [SAW-1035/2021]

(iii) Such deposit shall be subject to final outcome of the writ

petitions.

(iv) Till the appellants deposit the said sum as directed, the

respondents shall not declare the results of the ensuing

examinations or issue final degree certificates.

With these observations and directions the appeals are

disposed of.

(UMA SHANKER VYAS),J (AKIL KURESHI),CJ

KAMLESH KUMAR/N.GANDHI/c-1-2

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