Rajasthan High Court - Jodhpur
Sankalp Veterinary And Animal ... vs State Of Rajasthan on 12 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6731/2022
Sankalp Veterinary And Animal Husbandry Institute, Jhalawar
Through Secretary Jyoti Singh W/o Uday Bhan Singh, Age 45
Years, R/o Jhirniya, Kota Road, Jhalawar (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Animal Husbandry, Govt. Of Rajasthan,
Jaipur.
2. Joint Administrative Secretary, Department Of Animal
Husbandry, Govt. Of Rajasthan, Jaipur.
3. Rajasthan University Of Veterinary And Animal Sciences,
Bikaner.
----Respondents
For Petitioner(s) : Mr. RJ Punia
For Respondent(s) : Mr. M.S. Singhvi, AG (through VC)
assisted by Mr. K.S. Lodha
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/05/2022
The present writ petition has been filed with the
following prayers:
"It is, therefore, most humbly and
respectfully prayed that this writ petition
may kindly be allowed and by an
appropriate writ, order or direction:-
i) By an appropriate writ, order or direction,
respondent State may be directed to pass
appropriate orders for allowing the
petitioner institute to increase the intake of
students in the diploma course from 50 to
100 seats for the next session.
(2 of 4) [CW-6731/2022]
ii) Any other relief/reliefs, which this
Hon'ble Court may deem just and proper in
the facts and circumstances of the case,
may kindly be passed in favour of the
petitioner in the interest of justice.
iii) Costs of the writ petition may kindly be
awarded in favour of the petitioner."
Heard learned counsel for the parties.
Learned counsel for the petitioner submits that the
application for increasing the number of seats for
Diploma in Animal Husbandry Programme in the
petitioner-Institute from 50 to 100 has been processed
and the recommendations for the same have been done
by the concerned competent University. The matter is
pending consideration with the State Government to take
a final call on the application for increasing the number of
seats for the Animal Husbandry Diploma Programme in
the petitioner-Institute.
Learned counsel submits that despite the petitioner
being eligible, the State Government has not passed an
order increasing the number of seats from 50 to 100.
Per contra, learned Advocate General Mr. M.S.
Singhvi, Sr. Advocate appearing for the State submits
that it is within the domain of the State of Rajasthan to
take a final decision with respect to a particular institute
(3 of 4) [CW-6731/2022]
for increasing the number of seats from the present
strength.
Learned Advocate General further submits that
although the application of the petitioner for increasing
the number of seats from 50 to 100 has been rejected,
but in the event of a fresh representation being preferred
by the petitioner, the same will be considered strictly in
accordance with law.
The proposal given by the learned Advocate General
is accepted by the learned counsel appearing for the
petitioner and he submits that he will submit a detailed
representation to the competent authority within a period
of two weeks from today.
In view of the submissions made by the learned
counsel for the parties, this Court is of the opinion that in
the event of filing of the representation by the petitioner,
the competent authority of the State Government after
providing proper opportunity of hearing to the petitioner,
shall consider and decide the same within a period of
eight weeks from the date of filing of the representation,
in accordance with law.
The writ petition is disposed of in the above terms.
Needless to say that if the petitioner is aggrieved by
the final decision of the State Government on the
(4 of 4) [CW-6731/2022]
representation so filed, the petitioner-Institute will be
free to take appropriate remedy available under the law.
(VIJAY BISHNOI),J
168-mohit/-
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