Rajasthan High Court - Jodhpur
Manoj Kumar Meena vs State Of Rajasthan (2024:Rj-Jd:38125) on 12 September, 2024
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2024:RJ-JD:38125]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15491/2024
1. Manoj Kumar Meena S/o Tulsi Ram Meena, Aged About 20
Years, R/o Khirwara, Salumber, Udaipur.
2. Sushil Ninama S/o Devi Lal Ninama, Aged About 18 Years,
R/o Asoda, Tehsil Gadhi, Banswara.
3. Vikram Kumar Damor S/o Raman Lal Damor, Aged About
17 Years, Minor Through His Father Raman Lal Damor S/o
Makna Ji Damor, Age 50 Years, R/o Punawara, Dungarpur.
4. Jayesh Suthar S/o Rajendra Ji Suthar, Aged About 19
Years, R/o Village Thoda, Tehsil Salumber, District
Udaipur.
5. Yash Vyas S/o Bharat Vyas, Aged About 20 Years, R/o
Nogama, Tehsil Bagidor, District Banswara.
6. Rakesh Kumar Garasiya S/o Mana Ram Garasiya, Aged
About 19 Years, R/o Jhadiroyan, Kotra, District Udaipur.
7. Rohit Kumar Katara S/o Kailash Katara, Aged About 19
Years, R/o Choradai Anandpur, District Banswara.
8. Kalpesh Suthar S/o Mangi Lal Suthar, Aged About 19
Years, R/o Bamaniya Tehsil Salumber, District Udaipur.
9. Rakesh Kumar Makwana S/o Rakam Chand Makwana,
Aged About 21 Years, R/o Dungra Khajuri, District
Banswara.
10. Deepak Suthar S/o Shital Prakash Suthar, Aged About 18
Years, R/o Village Badgav, Udaipur.
11. Sunil Bhagora S/o Lalit Bhagora, Aged About 21 Years, R/
o Sarera, Tehsil Nayagaon, District Udaipur.
12. Neelam Damor D/o Ramesh Chand Damor, Aged About 20
Years, R/o Bildi, Tehsil And District Dungarpur.
13. Chandu Lal Damor S/o Wala Damor, Aged About 19 Years,
R/o Odawara, Tehsil Bichhiwara, District Dungarpur.
14. Manish Kumar Gameti S/o Narayan Lal Gameti, Aged
About 25 Years, R/o Kywaliyadara, Tehsil Bichhiwara,
Dungarpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary Animal
[2024:RJ-JD:38125] (2 of 5) [CW-15491/2024]
And Husbandry Department, Jaipur.
2. Coordinator, Rajasthan University Of Veterinary And
Animal Science, Bikaner.
3. Controller Of Examinations, Rajasthan University Of
Veterinary And Animal Science, Bikaner.
4. Registrar, Rajasthan University Of Veterinary And Animal
Science, Bikaner.
5. Nagfani Institute Of Animal Husbandry, Kherwara,
Udaipur.
----Respondents
For Petitioner(s) : Mr. RJ Punia
For Respondent(s) : Mr. IR Choudhary, AAG assisted by
Mr. Vinay Bagmar
Mr. Muktesh Maheshwari with Mr.
Yuvraj Singh Mertiya
Ms. Vandana Bhansali
JUSTICE DINESH MEHTA
Order
12/09/2024
1. Learned counsel for the parties jointly submitted that the
issue involved in the present writ petition is squarely covered by
the judgment dated 06.09.2024, passed by this Court in a bunch
of writ petitions led by S.B. Civil Writ Petition No.8604/2024 :
Prof. S. Karan Institute Of Veterinary Vs. State of
Rajasthan. The relevant part of the judgment is reproduced
hereunder:-
"20. Considering the overall facts and
circumstances of the case and what has been
noticed above, all these petitions are disposed
of with a direction to the petitioner -
Institutions to send a list of students admitted
in the subject course for the academic session
2023-24 with their up-to-date attendance (as
[2024:RJ-JD:38125] (3 of 5) [CW-15491/2024]
on 05.09.2024) with documentary proofs to
the respondent - University within a period of
7 days from today.
21. The respondent - University will satisfy
itself about the attendance of each of the
students so that in case the State decides to
regularize the admissions granted to the
students, those petitioners/students who have
completed 75% attendance be enrolled and
allowed to appear in the ensuing examination.
22. The Institutions may file a representation
before the State Government giving list of the
students who have been given admission after
the second round of counselling with a request
to regularise the admissions so granted.
23. Having regard to the fact that a large
number of students have been given admission
and it has been a practice adopted by the
State for last so many years (even after
coming into force of Policy of 2022), as a one
time measure, the State may take a decision
on their representation for regularizing the
admissions having regard to the future of the
students and the amount they have spent on
the fee, etc. so also that a period of about a
year they have spent in taking up the course.
Such direction is deemed imperative, rather
expedient in view of the fact that in a writ
petition (S.B. Civil Writ Petition No.800/2024 :
Amandeep Gujjar Vs. State of Rajasthan), a
co-ordinate Bench of this Court by way of
interim order dated 17.05.2024 has issued
interim order to provisionally enroll many
students so as to enable them to appear in the
examination which were held on 20.05.2024.
[2024:RJ-JD:38125] (4 of 5) [CW-15491/2024]
24. In case, a representation is filed by the
petitioners or their association as aforesaid
before the State Government within a period of
5 days, appropriate decision shall be taken by
the State Government within a period of 7
days of the receipt of the representation.
25. In case, the State decides to regularize
the admission so granted by the petitioner -
Institutions, the State shall be free to impose
an exemplary cost, apart from what is provided
in the provision contained in the policy, so that
it works as a deterrent if they chose to give
such unauthorised admissions.
26. And if the State decides to reject
representation(s) filed by the petitioner-
Institutions and holds that the admissions in
question are null, then it shall simultaneously
direct all the colleges to refund the entire
amount (tuition fee, admission fee or any other
charges) charged from each of the students. If
the amount so directed is not refunded within
a period of two months, the concerned colleges
shall not be allowed to take part in the
counselling for future academic sessions.
27. All the writ petitions so also stay
applications stand disposed of accordingly.
28. The order instant shall not be a precedent
and it shall apply to the academic session
2023-2024 only.
29. It will be required of the State and the
respondent - University to ensure that
henceforth no student is given admission by
any of Institutions at its own, without the
permission of the State Government, after the
second round of counselling is over - they may
[2024:RJ-JD:38125] (5 of 5) [CW-15491/2024]
take an undertaking to this effect from all the
participating colleges."
2. The present writ petition stands disposed of in terms of
observation and direction given in the case of Prof. S. Karan
Institute Of Veterinary (supra).
3. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
C4-raksha/-
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