Rajasthan High Court
Mahima Dilawar D/O Shri Hari Mohan ... vs State Of Rajasthan on 24 February, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9134/2021
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.
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, Resident Of Basaiya Abhai, District
Bharatpur.
11. Bharti Yadav D/o Shri Narendra Singh Yadav, Aged About
23 Years, Resident Of 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
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 02/03/2022 at 08:50:03 PM)
(2 of 9) [CW-9134/2021]
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
Pujari, Jail Sadar Ke Samne, P.o. Bikaner Rajasthan.
23. Monika 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,
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 02/03/2022 at 08:50:03 PM)
(3 of 9) [CW-9134/2021]
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.
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,
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 02/03/2022 at 08:50:03 PM)
(4 of 9) [CW-9134/2021]
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
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)
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 02/03/2022 at 08:50:03 PM)
(5 of 9) [CW-9134/2021]
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,
Resident Of 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, Resident Of House No. 61, Gurjar And Meena
Basti, Padada Bardar, Aniyala, District 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, Resident Of Stand Ke Pass, Sabalpura (Rural),
District Sikar.
66. Hemraj Parsoya S/o Shri Heera Lal Parsoya, Aged About
25 Years, Resident Of Regaron Ka Mohalla, Mundru,
District Sikar.
----Petitioners
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,
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 02/03/2022 at 08:50:03 PM)
(6 of 9) [CW-9134/2021]
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 Petitioner(s) : Mr. S.N. Kumawat
For Respondent(s) : Mr. Sandeep Pathak
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
24/02/2022
Heard on the application for vacation of the interim order
dated 24.09.2021 passed by a Co-ordinate Bench of this Court.
Counsel appearing on behalf of the respondents submits that
in similar writ petition No.9534/2020 (Shweta Sharma Vs. State of
Rajasthan) a Co-ordinate Bench of this Court vacated the interim
order 03.09.2021 and passed the following order on 07.12.2021:-
"1. The matter comes upon an application
filed by the respondent for vacating the
interim order dated 03.09.2021.
2. The interim order was passed by the
Court on 03.09.2021, wherein it was
mentioned that the fees has been enhanced
without seeking sanction from Fee
Regulation Committee.
3. As per the reply submitted to the writ
petition, it is clear that the fees which was
chargeable for the course in the earlier
regulation of 2008 was rupees ten lac and
the present fees which is being under the
regulation of 2016 is also rupees ten lacs.
There is no enhancement of fees for the
course of B.V.Sc. & A.H. (Bachelor of
Veterinary Science and Animal Husbandary).
Merely because the term of the course has
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
(7 of 9) [CW-9134/2021]
been reduced that does not mean that
petitioners are entitled to reduction of the
fees.
4. Application is accordingly, allowed.
Interim order dated 03.09.2021 stands
vacated."
The order dated 07.12.2021 passed by the Co-ordinate
Bench of this Court was assailed by the petitioners in D.B. Special
Appeal Writ No.1035/2021, which was decided by the Division
Bench of this Court vide order dated 16.12.2021, which reads as
under:-
"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 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
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
(8 of 9) [CW-9134/2021]
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.
(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."
Counsel for the petitioners submits that the respondents in a
discriminatory manner have filed application for vacation of
interim order in some of the matters only and prayed for final
disposal of the writ petition.
Heard counsel for the parties and perused the record.
In view of the judgment passed by the Division Bench of this
Court dated 16.12.2021 in the matter of Shweta Sharma & Ors
(supra), I dispose of the application for vacation of stay order with
the following directions:-
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
(9 of 9) [CW-9134/2021]
(i) The respondents shall allow the petitioner to appear in the
ensuing examinations.
(ii) This would be subject to the condition that the petitioners
shall deposit a further sum of Rs.2,00,000/- with the respondents
under objection latest by 30.06.2022.
(iii) Such deposit shall be subject to final outcome of the writ
petition.
(iv) Till the petitioners deposits the said sum as directed, the
respondents shall not declare the results of the ensuing
examinations or issue final degree certificates.
List the main petition along with S.B. Civil Writ Petitions
No.9134/2021 & 8944/2021 & 9534/2020 & 10825/2021 on
28.02.2022.
(INDERJEET SINGH),J
CHETNA BEHRANI /6
(D.B. SAW/1036/2021 has been filed in this matter. Please refer the same for further orders)
Powered by TCPDF (www.tcpdf.org)
