In the High Court of Judicature for Rajasthan Jaipur Bench **
1-Civil Writ Petition No.978/2010
Miss Aparna Rathi Versus Raj. Univ. of
Health Sciences Jaipur & Ors
2-Civil Writ Petition No.986/2010 Praveen Sharma Versus RUHS & Ors
3-Civil Writ Petition No.1478/2010 Dr. Narendra Kr Mahavar Versus RUHS & Ors
4-Civil Writ Petition No.1539/2010 Dr. Seema Vijay Versus RUHS & Ors
5-Civil Writ Petition No.1111/2010 Dr. Rajeev Yadav & (3) Ors Versus RUHS & Ors
6-Civil Writ Petition No.1291/2010 Sanjay Kr. Gupta Versus RUHS & Ors
Date of Order : 07/04/2010
Hon’ble Mr. Justice Ajay Rastogi
Mr. GP Sharma Mr. Parag Rastogi, Mr. RK Sharma,
Mr. PN Jatti, Mr. Vijay Pathak & Dr. Swati Bhati, for petitioners
Mr. Shantanu Sharma for Mr. Dinesh Yadav, AAG for respondents.
Dr. YC Sharma, for respondent-University
Instant petitions filed by four individual petitioners since involve identical controversy hence were heard together while the matter has come up on misc. applications and are being finally disposed of at joint request of the parties by present order.
Indisputably, petitioners are eligible to appear in Pre-P.G. Entrance Test, 2010 in their respective categories but when they were not permitted to appear in the examination, they approached this Court by way of instant petitions; and vide interim orders, they were provisionally permitted to appear in Pre-P.G. Entrance Test, 2010 and in pursuance whereof, they appeared and their results are still awaited.
Only grievance having come up for consideration is that as per Para One of Cl.3 of instructions booklet of Pre-PG Entrance Test, 2010, On-line forms were to be filled by candidates from website of respondent-University upto 24/12/09; and all other formalities including fees were to be deposited in the University; however it was further stipulated that hard-copy of their on-line forms having been filled in between 13/12/2009 to 24/12/2009 was to reach respondent-University’s office upto 04/01/2010 latest by 5 PM as per para VI of Cl.3 of instructions booklet.
It is not disputed that petitioners submitted their forms through on-line in terms of para One of Cl.3 before 24/12/2009 and completed respective formalities but they were not permitted to participate in Pre-PG Entrance Test, 2010 on the premise that hard-copy of their on-line filled forms were not received in the office of respondent-University by 04/01/2010.
Petitioners have placed material on record to show that each of petitioners sent hard copy of their on-line forms, but there may be a delay in transit on the part of postal agency to deliver their forms before last date (04/01/2010); however, this fact cannot be ruled out that their forms applied through on-line forms for Pre-PG entrance Test, 2010 before last date 24/12/2009, were available with respondent-University and it is not the case of respondents that either of petitioners was in-eligible to appear in Pre-PG entrance Test in their respective category. Taking note of justification made by petitioners about their on-line forms being available with respondent-University, and so also the fact that they were eligible to appear in Pre-PG entrance Test, and under interim orders of this Court, were permitted to appear in the Test; in the opinion of this Court, it would appropriate that they must know final fate of their participation and if they are found place in order of merit, certainly are required to participate in the counselling, scheduled to take place from 12/04/2010.
Consequently, these writ petitions are allowed with the directions to the respondents to declare result of participation of the petitioners in their respective category applied for in Pre-PG Entrance Test, 2010, within two days and if otherwise eligible, may be permitted to counselling as per their placement in order of merit in respective category. No order as to costs.
(Ajay Rastogi), J.
K.Khatri/p.3/
978CW2010Apr7DspExm(6)PrPG.doc