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Rajasthan High Court - Jaipur

Aditya Kshetrapal vs Rajasthan University Of Health ... on 15 September, 2014

Author: Ajay Rastogi

Bench: Ajay Rastogi

    

 
 
 

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
***
(1) DB Special Appeal (Writ) No.982/2014
Aditya Kshetrapal 
Vs.
Rajasthan University of Health Sciences & ors.
		
(2) DB Special Appeal (Writ) No.988/2014
Kopal Shrivastava
Vs.
Rajasthan University of Health Sciences & ors.

(3) DB Special Appeal (Writ) No.989/2014
Komal Singh
Vs.
Rajasthan University of Health Sciences & ors.

(4) DB Special Appeal (Writ) No.990/2014
Priyanjali Agarwal
Vs.
Rajasthan University of Health Sciences & ors.

(5) DB Special Appeal (Writ) No.996/2014
Ashish Kumar Mahant
Vs.
Rajasthan University of Health Sciences & ors.

(6) DB Special Appeal (Writ) No.1005/2014
Sakshi Paker
Vs.
Rajasthan University of Health Sciences & ors.

(7) DB Special Appeal (Writ) No.1007/2014
Manisha Chanda
Vs.
Rajasthan University of Health Sciences & ors.

(8) DB Special Appeal (Writ) No.1019/2014
Akshat Saxena
Vs.
Rajasthan University of Health Sciences & ors.

Date of Order	:-        15/09/2014	
	
		HON'BLE MR. JUSTICE AJAY RASTOGI.
HON'BLE MR. JUSTICE J.K. RANKA.


Mr. Sunil Kumar Singh	]
Mr. NR Choudhary		], for the appellants.
Mr. Atul Saxena			]	

Mr. NM Lodha, Advocate General	]
with Mr. Vishal Sharma		]
Mr. MA Khan				] for the respondents.
Mr. RB Mathur				]
Mr. SC Gupta, AAG			]
Mr. Angad Mirdha			]

On the last date of hearing when the matter came up before the Court on 20/08/2014, it was brought to the notice of the Court that those, who are the appellants and aggrieved by the order of the ld. Single Judge, either they have been selected in the subsequent examination conducted by the Rajasthan University of Health Sciences on 27/07/2014 or have been selected in All India PMT and one of the appellant, who has been left out, his name neither find place in the earlier examination nor in the later examination and, as such, none of the appellant could be said to be aggrieved by the order of the ld. Single Judge but still the respondents sought time to examine the order of the ld. Single Judge on merits in the instant bunch of appeals.

Counsel for the respective parties are unable to controvert the fact which was noticed by this Court in its order dt. 20/08/2014.

Taking note thereof, prima-facie, the issue raised for our consideration becomes academic and the rights of the appellants are not going to be affected. However, it is requested that the question, which has been decided by ld Single Judge, certainly requires attention of this Court and if possible may be examined on merits.

After taking note of what is being observed by this Court in its order dt. 20/08/2014 and the fact which is brought to our notice, we find that the issue raised for our consideration remains academic and the appellants are not going to be affected after selected in the subsequent examination conducted on 27/07/2014 but at the same time, we make it clear that the issue, which has been raised in the instant bunch of appeals, may remain open to be examined in some other appropriate proceedings, if comes up for consideration.

Consequently, all the special appeals and so also the misc. applications filed on behalf of either party, have become infructuous and the same are dismissed accordingly, however, keeping the issue open for consideration in some other appropriate proceedings if comes up for consideration.

Copy of this order may be placed in the connected cases.

[J.K. RANKA],J.			      [AJAY RASTOGI],J.
Raghu/p.3/

Certificate:All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed.

Raghu, Sr. PA.