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Rajasthan High Court - Jodhpur

Aman Molani vs The State Of Rajasthan on 26 November, 2020

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 12695/2020

Aman Molani S/o Mohammed Iqbal Molani, Aged About 15 Years,
By   Caste    Muslim,     Resident        Of     Gulzar      Pura,      Sikar   Road,
Kuchaman City, Nagaur (Raj.) Minor Through His Natural
Guardian     Father   Mohammed             Iqbal     Molani       S/o    Mohammed
Saddik, By Caste Muslim, Aged 56 Years, Resident Of Gulzar
Pura, Sikar Road, Kuchaman City, Nagaur (Raj.).
                                                                        ----Petitioner
                                     Versus
1.      The State Of Rajasthan, Through Secretary, Department
        Of Education, Secretariat, Jaipur.
2.      The District Education Officer, Nagaur (Raj.).
3.      The Block Education Officer, Kuchaman City, District
        Nagaur (Raj.).
4.      Eklavya Academy Senior Secondary School, Through Its
        President     Bhanwari         Devi       Joshi,      Address       Opposite
        Kuchaman College, Station Road, Kuchaman City, District
        Naraur (Raj.).
                                                                  ----Respondents


For Petitioner(s)          :     Mr. CP Soni (through VC)
                                 Ms. Sarita Soni (through VC)



             HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order 26/11/2020 Learned counsel for the petitioner has submitted that the amount of Rs. 19,500/- in respect of fees of the petitioner is due. It is submitted that father of the petitioner is a poor person and is not in a position to deposit the said amount in one go and, therefore, he has requested the respondent No.4 to allow him to deposit the fees in installments, but the respondent No.4 has refused to accept his prayer and is not issuing mark-sheet and the (Downloaded on 26/11/2020 at 09:10:20 PM) (2 of 2) [CW-12695/2020] transfer certificate of the petitioner. Learned counsel for the petitioner has further submitted that the father of the petitioner is ready to pay the due fees in installments and for showing his bonafides, he is ready to pay 5,000/- immediately.

Issue notice. Issue notice of stay application also, returnable on 14.12.2020.

In the meantime, the respondent No.4 is directed to issue the mark-sheet and the transfer certificate of the petitioner to his father immediately on depositing of Rs. 5,000/- by him.

It is made clear that if the respondent No.4 refuses to accept the amount of Rs 5,000/- from the father of the petitioner and also refuses to issue petitioner's mark-sheet and transfer certificate, the President of the respondent No.4 School shall personally remain present before this Court on the next date of hearing.

(VIJAY BISHNOI),J 83-akash/-

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