Rajasthan High Court - Jaipur
Pawan Saini vs Union Of India & Ors on 5 August, 2011
Author: Ajay Rastogi
Bench: Ajay Rastogi
In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.16777/2010 Pawan Saini Vs. Union of India & Ors. Date Of Order :: 05.08.2011 Hon'ble Mr. Justice Ajay Rastogi Mr. Keshav Agrawal, for petitioner. Mr. Manoj Kumar Sharma ] Mr. M.S. Raghav ] Mr. Vinod Gupta ] for respondents.
Instant petition has been filed by the petitioner only with the grievance that admit card was issued to him for appearing in the written test held for the post of Executive Trainee (Electrical-2010) on 28.11.2010 (Sunday) and reporting time was fixed at 9 am and the further condition stipulated was that no candidate will be allowed to enter after 9:30 am.
Counsel for petitioner submits that petitioner in fact reached at 9:15 but he was not permitted to enter at the test centre and that is the basic cause of his grievance which he has raised in the instant petition.
Reply to the writ petition has been filed by the respondent and it has been averred that petitioner reached after 9:30 am and as such was not permitted to enter at the test centre and no reasonable cause was shown by the petitioner by which he could be permitted to appear at the test centre and on the contrary it has been further averred that in all 398 candidates appeared at the test centre in time schedule who were permitted to appear in the written examination.
Counsel for respondent submits that when 398 candidates could appear at the test centre in terms of the condition referred to supra which is known to the individual applicant, no error has been committed in denying to permit the petitioner who reported after 9:30 am.
This is a question of fact as to whether the petitioner reached before 9:30 am or thereafter and being a disputed question of fact that cannot be examined and decided by this Court within its limited scope of judicial review u/Art.226 of the Constitution. However, at the same time this Court would like to observe that if there was a condition referred to in the admit card itself that a candidate has to report by 9 am and will not be permitted or allowed to enter at the test centre after 9:30 am, it was expected from the candidates to comply the condition stipulated in the admit card. However, so far as the instant case is concerned, the issue raised (supra) being disputed, no opinion could be expressed in absence of leading evidence which is not the scope of judicial review u/Art.226 of the Constitution.
Consequently, the petition fails and is hereby dismissed.
(Ajay Rastogi),J.
VS Shekhawat/-3 16777cw10Aug05fnldsps.do