Rajasthan High Court - Jodhpur
Ajay Choudhary vs Union Of India on 20 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12830/2020
Ajay Choudhary S/o Shri Asu Ram/ Asha Ram, Aged About 20
Years, R/o Village Khariya, Po Chirdhani, Tehsil Pipar City,
Jodhpur District Jodhpur (Raj.)
----Petitioner
Versus
1. Union Of India, Through The Secretary, Department Of
Home, Secretariat, New Delhi.
2. The Lieutenant Colonel, Enrolling Officer, Jak Li
Regimental Centre, Pin 911096, C/o 56 Apo.
3. The Secretary, Board Of Secondary Education, Rajasthan,
Ajmer.
----Respondents
For Petitioner(s) : Mr. J.S. Bhaleria
For Respondent(s) : Mr. Mukesh Rajpurohit ASG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/10/2021
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.
The matter comes up on an application (No.01/21) seeking
vacation of the interim order dated 02.12.2020.
This Hon'ble Court had passed the following interim order on
02.12.2020:
"1. Relying upon a recent judgment dated
09.01.2020, rendered in case of Balkrishna Ram Vs.
Union of India & Anr. [Civil Appeal No.131/2020), Mr.
Bhaleria, learned counsel for the petitioner, submits
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that jurisdiction of this Court under Article 226 of the
Constitution is not absolutely barred in the matters
relating to armed forces.
2. While asserting that name of petitioner's father is
"Asharam", learned counsel submits that due to
inadvertence, name of his father in the mark-sheets
of Secondary and Senior Secondary, has been shown
as "Ashu Ram", learned counsel submits that the
petitioner has already applied for requisite correction
in the mark- sheets of Secondary and Senior
Secondary Classes and has also got notification
published in the official gazette in this regard.
3. He submits that requisite correction is likely to
take some time, but for the dismay of the petitioner,
the respondents have cancelled his enrollment by
way of impugned order dated 10.11.2020, for which
he is constrained to invoke writ jurisdiction of this
Court.
4. The matter requires consideration.
5. Issue notice. Issue notice of stay application
also, returnable within eight weeks.
6. Meanwhile, effect and operation of the impugned
order dated 10.11.2020, shall remain stayed and the
petitioner shall be permitted to continue with the
training.
7. Petitioner shall, however, be not allowed to join
as a regular recruit, without the leave of the Court."
Learned counsel for the petitioner has drawn the attention of
this Court towards the circular issued by the respondents on
12.12.2011, which is Annexure-R/3 of the writ petition, in which
the spelling variations are reflected to be accepted as long as the
name of the person remains the same.
Learned counsel for the petitioner further submits that in the
present case, only the name of the petitioner's father was
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reflected as Ashu Ram, whereas in the documents, it was Asha
Ram. Learned counsel also submits that the necessary gazette
notification has been issued for correction, and the so called
surrender of the post was done, after the aforementioned interim
order was passed.
Mr. Mukesh Rajpurohit, learned ASG vehemently submits that
it is a question of minimum discipline of a newly recruited person
that he should have made the necessary correction for the record
in time.
This Court, in the given circumstances, is satisfied that at
this stage, no case for vacating the interim order already passed is
made out, as the gazette notification for change in the name of
petitioner's father has been passed and the circular (Ann.R/3)
itself does not create any bar for change in the name of the
petitioner's father.
Consequently, the application under Article 226(3) of the
Constitution of India is rejected. However, it is made clear that
there shall not be any bar, if the respondents wishes to allow the
petitioner to join as a regular recruit.
(DR.PUSHPENDRA SINGH BHATI),J.
169-skant/-
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