Garima Jain vs State Of Rajasthan (2024:Rj-Jd:38809)
2024 Latest Caselaw 8201 Raj

Rajasthan High Court - Jodhpur

Garima Jain vs State Of Rajasthan (2024:Rj-Jd:38809) on 19 September, 2024

Author: Rekha Borana

Bench: Rekha Borana

[2024:RJ-JD:38809]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 15345/2024

Garima Jain D/o Gopal Lal Jain, Aged About 11 Years, (Minor)
Through Her Natural Guardian Gopal Lal Jain S/o Ganpat Lal Jain
Aged 42 Years, R/o Gangapur, Tehsil Sahada, District Bhilwara
(Raj.).
                                                                     ----Petitioner
                                     Versus
1.        State Of Rajasthan, Through Director, Department Of
          Secondary Education, Bikaner (Raj.).
2.        District Education Officer, Bhilwara (Raj.).
3.        Amit Boliya School, Gangapur Through Its Principal,
          Gangapur, Tehsil Sahada, District Bhilwara.
                                                                  ----Respondents


For Petitioner(s)          :     Mr.Nikhil Ajmera



              HON'BLE MS. JUSTICE REKHA BORANA

Order

19/09/2024

1. The present writ petition has been preferred with a prayer

that the respondents be directed to grant admission to the

petitioner under the Right of Children to Free and Compulsory

Education Act, 2009 ('the Act of 2009') as per her entitlement in

term of judgment dated 13.05.2016 passed by the Division Bench

of this Court at Jaipur in D.B. Civil Writ Petition (PIL)

No.4630/2016 (Abhyutthanam Society Vs. State of

Rajasthan & Another).

2. What is evident and admitted on record is that the petitioner

had applied for admission under the Act of 2009 way back in the

year 2016 and her application was also rejected in the year 2016

in terms of the guidelines as prevalent at that point of time.

[2024:RJ-JD:38809] (2 of 2) [CW-15345/2024]

So far as judgment dated 13.05.2016 is concerned, there is

no dispute about the ratio as laid down in the said judgment, but

then, the present writ petition has been preferred by the present

petitioner in the year 2024, claiming the benefit on basis of

judgment dated 13.05.2016.

3. In view of the above facts, the present writ petition cannot

be entertained, at this stage, for grant of any benefit with

retrospective effect. The writ petition is hence, dismissed.

However, if the petitioner is entitled in terms of judgment dated

13.05.2016, she would be at liberty to apply for admission under

the Act of 2009 for the next academic session.

4. Stay petition and the pending applications, if any, also stand

disposed of.

(REKHA BORANA),J 24-devanshi/-

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