Rajasthan High Court - Jodhpur
Central Board Of Secondary ... vs Sourav Jain on 22 November, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6115/2019
Central Board Of Secondary Education, Regional Office, Todarmal
Marg, Ajmer Through Its Section Officer.
----Petitioner
Versus
1. Sourav Jain S/o Shri Surendra Jain, By Caste Jain,
Resident Of C-132, R.k. Colony, Bhilwara (Rajasthan).
2. The Head Master, Greenvalley Public School, Pansal Road,
Bhilwara (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Anil Kumar Khatri
For Respondent(s) : Mr. Tanay Sharma for Mr. Rajesh Shah
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/11/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Learned counsel for the parties jointly submits that the
controversy in question is no more res integra as this Hon'ble
Court in Central Board of Secondary Education Vs. Jitendra
Singh Tomar & Ors. (S.B. Civil Writ Petition No.6120/2019)
has already decided the issue in question on 18.09.2019. The
judgment reads as under:
"1. Instant writ petition has been preferred by the Central
Board of Secondary Education, assailing the award dated
13.3.2019 passed by Permanent Lok Adalat directing it to
accept respondents' representation for desired changes after
complying with the provisions of Rule 69.1 of the Examination
Rules.
(Downloaded on 24/11/2021 at 08:50:32 PM)
(2 of 2) [CW-6115/2019]
2. Mr. Sandeep Sarupariya, learned counsel for the
respondents No. 1 and 2 submitted that an innocuous order
has been passed by the Lok Adalat and the petition has been
filed unnecessarily. Conceding that the respondents had filed
the petition before the learned Permanent Lok Adalat under
misconception of law and as a matter of fact, the same was
not maintainable, he however pointed out that a cross writ
petition has been filed by the respondents No.1 and 2 against
the Board's refusal to issue corrected mark-sheet.
3. In view of the concession so made, the present writ petition
filed by the petitioner Central Board of Secondary Education is
allowed. The impugned order dated 13.3.2019 (Annex.6)
passed by the learned Permanent Lok Adalat, Bhilwara is
quashed and set aside. It is declared that the Permanent Lok
Adalat inherently lacks jurisdiction to entertain the application
seeking amendment in the mark-sheet or correction in the
name of candidate or his parents, as issuance of mark-sheet
or error or omission therein does not fall within the ambit of
public utility services, defined and preserved under Section
22A(b) of Legal Service Authority Act, 1987.
4. The stay application also stands disposed of accordingly."
In light of the aforequoted judgment, the present petition is
also allowed and the impugned order dated 13.03.2019 (Annex.4)
passed by the learned Permanent Lok Adalat, Bhilwara is quashed
and set aside. It is declared that the Permanent Lok Adalat
inherently lacks jurisdiction to entertain the application seeking
amendment in the mark-sheet or correct in the name of candidate
or his parents, as issuance of mark-sheet or error or omission
therein does not fall within the ambit of public utility services,
defined and preserved under Section 22A(b) of Legal Services
Authority Act, 1987. However, the respondents shall be at liberty
to file fresh application, which shall be decided strictly in
accordance with law.
(DR. PUSHPENDRA SINGH BHATI),J.
122-Zeeshan
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