Rajasthan High Court - Jaipur
Numan Haidar S/O Shakil Ahmad vs State Of Rajasthan Through Principal ... on 30 August, 2019
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.26374/2018
Numan Haidar S/o Shakil Ahmad, aged about 19 Years, C/o
School Of Aeronautics, Neemrana, Alwar.
----Petitioner
Versus
1. State Of Rajasthan Through Principal Secretary,
Department Of Technical Education, Government
Secretariat, Rajasthan, Jaipur
2. Rajasthan Technical University, Kota Through Its Registrar
3. Board Of Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur Thorough Its Secretary.
4. Director, School Of Aeronautics, Neemrana 1 - 04, RIICO
Industrial Area, Neemrana, District Alwar, Rajasthan
----Respondents
For Petitioner(s) : Mr.Sudhanshu Joshi
For Respondent(s) : Mr.Hari Kishan Saini, Dy.GC.
Mr.Narendra Kumar Jain.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
30/08/2019
Having completed his Diploma in Mechanical
Engineering from the KIIT Polytechnic Bhubaneshwar, 2018 affiliated to the State Council for Technical Education and Vocational Training, Odisha, the petitioner claimed to be eligible for admission through Lateral Entry in Engineering Programme (LEEP) in the second year (3 rd Semester) B.Tech at the School of (Downloaded on 03/09/2019 at 09:19:43 PM) (2 of 4) [CW-26374/2018] Aeronautics, Neemrana, Alwar recognized by the Board of Technical Education, Rajasthan at Jodhpur (hereafter 'the Board') and affiliated to the Rajasthan Technical University, Kota (hereafter 'the University'). He was so admitted in the academic year 2018-19. However at the end of 3 rd semester the petitioner was not allowed to write the semester examination by the University on the ground of not having been enrolled purportedly for the reason of his original diploma certificate in Mechanical Engineering from the KIIT Polytechnic, Bhubaneshwar, 2018 not having furnished, verified by the Board and clearance for enrollment given. In the circumstances, the petitioner approached this Court by the petition under consideration.
Vide interim order dated 3.12.2018, while issuing notice on the petition, this Court directed that the petitioner be allowed to submit his examination form for the 3 rd Semester Examination in B.Tech (Aeronautical Engineering) in which he was reading at the School of Aeronautics, Neemrana, Alwar on provisional basis. And pursuant to the aforesaid interim order, the petitioner submitted his examination form for the 3 rd Semester (Downloaded on 03/09/2019 at 09:19:43 PM) (3 of 4) [CW-26374/2018] Aeronautical Engineering in the B. Tech examination conducted by the University.
Mr.Narendra Kumar Saini appearing for the University submitted that the petitioner having provisionally appeared in the 3rd Semester examination in B.Tech (Aeronautical Engineering) under the court's interim order, has passed the said examination.
On the matter coming up before this Court on 25.7.2019, in view of the objection of the Board with regard to the failure of petitioner to submit his original diploma certificate in Mechanical Engineering issued by the State Council for Technical Education and Vocational Training, Orissa, a copy of the diploma certificate was directed to be furnished to the Board. Mr.Hari Kishan Saini, Dy. GC appearing for the Board submitted that on enquiries thereafter made with regard to the authenticity of the petitioner's diploma issued by the State Council for Technical Education and Vocational Training, Orissa, vide letter dated 1.8.2019 the petitioner's diploma certificate has been verified and held to be genuine. He submitted that in this view of the matter the petitioner having been enrolled by the University consequent (Downloaded on 03/09/2019 at 09:19:43 PM) (4 of 4) [CW-26374/2018] to the court's interim order dated 3.12.2018 to facilitate submission of the examination form for 3rd Semester B.Tech (Aeronautics), nothing further remains to be done by the Board.
Taking into consideration the overall facts of the case, particularly that the petitioner has been enrolled as a student of B.Tech (Aeronautical Engineering) with the University, his diploma in Aeronautical Engineering got positively verified by the Board and that he has written 3rd Semester examination which he has passed, no dispute remains to be addressed and decided in this petition.
The petition is accordingly allowed.
It is directed that the petitioner should be allowed to continue in the B.Tech (Aeronautical Engineering) with the School of Aeronautics, Neemrana, Alwar till the conclusion of the course-- no doubt subject to operating laws/ ordinances.
The Rajasthan Technical University, Kota is directed to issue a copy of the mark-sheet of the petitioner's B. Tech 3 rd Semester result to him within 10 (ten) days from today.
(ALOK SHARMA), J Himanshu Soni /375/99 (Downloaded on 03/09/2019 at 09:19:43 PM) Powered by TCPDF (www.tcpdf.org)