Dhaglaram vs Board Of Secondary Education Raj. ...
2023 Latest Caselaw 3749 Raj

[2023/RJJD/012348]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 918/2017

Dhaglaram S/o Ketharam, R/o Baria Batowala Raniya Ke Pass Bilara, Jodhpur At Present Shri I.g. Sweet Home Bilara, Jodhpur.

----Petitioner Versus

1. Board Of Secondary Education Rajasthan, Ajmer Through Secretary

2. Geetanjali Public Senior Secondary School, Bilara Jodhpur Thorugh Its Principal

----Respondents

For Petitioner(s) : Mr. Rishabh Handa For Respondent(s) : Mr. BL Bhati

HON'BLE DR. JUSTICE NUPUR BHATI

Order

27/04/2023

1. Counsel for the petitioner submits that the issue involved in

the present writ petition is squarely covered by the judgment

dated 08.05.1981 rendered by Hon`ble Apex Court in the case of

Smita Johnbhai Master and Ors. Vs.The State of Gujarat &

Ors., reported in AIR 1981 SC 1633.

2. Counsel appearing for the respondents is not in a position to

dispute the same.

3. For the reasons mentioned above, the writ petition is

disposed of in light of judgment of Hon`ble Apex Court in of Smita

Johnbhai Master (supra) while observing that Co-ordinate Bench

of this Court on 20.01.2017 granting interim order thereby

permitting petitioner's son Pramod to take part in the forthcoming

12th standard examination and in compliance of the same, the

(D.B. SAW/732/2017 has been filed in this matter. Please refer the same for further orders)

[2023/RJJD/012348] (2 of 2) [CW-918/2017]

petitioner was also permitted to appear in the examination.

Thereafter vide order dated 09.08.2017, the Co-ordinate Bench of

this Court directed the respondents to declare result of the

petitioner and while complying with the same, the respondents

have declared result of petitioner whereby the petitioner had

attained 84.40% marks, however, in the mark-sheet dated

15.05.2017 (Annex.7) the respondents have made a note that the

mark-sheet of the petitioner shall remain subject to the outcome

of the present writ petition.

4. Counsel for the petitioner submits that thereafter the

petitioner has also completed his graduation (B.Sc.).

5. Heard learned counsel for the parties and perused the

material available on record.

6. In the given peculiar facts and circumstances of the case,

this Court deems it appropriate to direct the respondents to delete

the note mentioned in the mark-sheet dated 15.05.2017 and issue

the petitioner mark-sheet afresh after deleting the aforementioned

note in the mark-sheet.

7. With the aforesaid directions the writ petition stands

disposed of.

8. The stay application and all other pending application also

stands disposed of accordingly.

(DR.NUPUR BHATI),J 48-Sanjay/-

(D.B. SAW/732/2017 has been filed in this matter. Please refer the same for further orders)

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