Rajasthan High Court - Jaipur
Bhagawati Prasad Sharma vs State Of Raj & Ors on 10 May, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R 1) S.B. CIVIL WRIT PETITION NO.16904/2010. Mahadev Prajapati Vs. State of Rajasthan & Ors. 2) S.B. CIVIL WRIT PETITION NO.645/2011. Ved Prakash Sharma & Ors. Vs. State of Rajasthan & Ors. 3) S.B. CIVIL WRIT PETITION NO.646/2011. Phool Singh Meena & Ors. Vs. State of Rajasthan & Ors. 4) S.B. CIVIL WRIT PETITION NO.353/2011. Bhagawati Prasad Sharma Vs. State of Rajasthan & Ors. Date of Order:- May 10, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Laxmikant for Shri R.K. Daga and Shri Amit Kuri for the petitioners. Shri S.C. Purohit, Additional Government Counsel. Shri Ashok Gaur Senior Advocate with Shri Ashwini Kumar Jaiman for respondent No.5- Chachan Educational & Welfare Society. Shri A.K. Bhargava for Rajasthan Technical University. Shri Yellop Singh for Shri Bharat Vyas for respondent-AICTE. ******* BY THE COURT:-
These matters have been filed by the students, who were admitted to Chachan Educational & Welfare Society, Alwar. Prayer that has been made by the petitioners in these petitions is that Rajasthan Technical University and the A.I.C.T.E. should be directed to take examination of the petitioners of B.Tech., which were to be conducted on 3/2/2011. The petitioners under the orders of this Court dated 1/2/2011, were permitted to appear on suggestion of the Rajasthan Technical University through the Alwar Institute of Technology, Alwar on their filling up examination forms and depositing a sum of Rs.10,000/- either by Demand Draft or cash. Court directed that no equity will be claimed by the petitioners or by respondent No.5 Chachan Educational & Welfare Society, Alwar on account of this order.
Learned counsel for the petitioners have argued that the petitioners were admitted to respondent No.5 institute because affiliation was granted to that institute by AICTE for two academic sessions 2008-09 and 2009-10. Subsequently, due to the fact that an investigation / enquiry was pending against respondent No.5 and AICTE, the petitioners who are students cannot be made to suffer on account of this and their career cannot be put to stake.
Shri A.K. Bhargava, learned counsel appearing for Rajasthan Technical University and Shri S.C. Purohit, learned Additional Government Counsel appearing for the State submit that they are conscious about the career of the students and that the University is ready to shift them to any other college affiliated to that University of their choice so that their career may not be spoiled on account of litigation between respondent No.5 and AICTE. Shri A.K. Bhargava, learned counsel produced copies of two FIRs, one FIR No.343/2010 registered at the instance of complainant Shri Ashok Kumar Mittal at Police Station Sadar Alwar for offence u/Ss.379, 408, 420, 426, 467, 468, 469, 471, 474, 477 and 120B IPC and another FIR No.4/2011 registered at Police Station Sadar Alwar for offence u/Ss.420, 467, 468, 469, 471 and 120B IPC against Respondent No.5 - Chachan Educational & Welfare Society, Alwar.
Shri Ashok Gaur, learned Senior Counsel appearing for respondent No.5 has opposed the writ petitions and has opposed the suggestion of the Rajasthan Technical University to shift the petitioner-students to other colleges. It is argued that application of the respondent-institution for further extension of recognition has not been rejected and there is no written order of the AICTE and in the writ petition filed by the respondent-institute, interim-order is to the effect that AICTE shall take steps in deciding the application of the institute for further recognition.
In the facts of the case, when the writ petitions were filed for limited purpose of allowing the petitioner-students to appear in the B.Tech., which took place in February 2011 and in which examination petitioners were allowed to appear pursuant to the order of this Court dated 1/2/2011, the petitioners have achieved their purpose but keeping in view the fact that interim-order was to the effect that result of the petitioners shall be kept in a sealed cover and will be not be declared and shall be subject to the decision of this Court, I deem it proper to dispose of all these writ petitions in the interest of justice with the following directions:-
a) that petitioners may as per their choice and preference opt to shift to any other institute affiliated to the Rajasthan Technical University and recognized by the AICTE. Such option may be executed on the written application submitted by the petitioners to the Rajasthan Technical University, which will be submitted by them within one week;
b) that the Rajasthan Technical University respondent No.2 shall pass appropriate order with communication to the petitioners and concerned institute within two weeks thereafter.
c) that with regard to submission of option by the petitioners for shifting to any other affiliated / recognised institute, their admission shall stand regularised and in that event, their result of examination in which they have appeared under the orders of this Court dated 1/2/2011 shall be liable to be declared.
d) That if any such application with the aforesaid prayer is received from any other students of the institute to the same effect, the same shall also be dealt with accordingly.
All these writ petitions are disposed of accordingly.
(MOHAMMAD RAFIQ), J.
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