Rajasthan High Court - Jodhpur
Sanjay Sharma vs State Of Raj. & Ors on 26 May, 2009
Author: H.R. Panwar
Bench: H.R. Panwar
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S.B.C.W. NO. 1214/2009 and 17 others
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
(1) S.B.CIVIL WRIT PETITION NO. 1214/2009
(Abdul Wahad Modi Vs. State and Ors.)
(2) S.B.CIVIL WRIT PETITION NO. 1207/2009
(Sanjay Sharma Vs. State and Ors.)
(3) S.B.CIVIL WRIT PETITION NO. 1209/2009
(Hanuman Ram Vs. State and Ors.)
(4) S.B.CIVIL WRIT PETITION NO. 1210/2009
(Pankaj Jindal Vs. State and Ors.)
(5) S.B.CIVIL WRIT PETITION NO. 1211/2009
(Shankar Lal Kumawat Vs. State and Ors.)
(6) S.B.CIVIL WRIT PETITION NO. 1212/2009
(Divya Sharma Vs. State and Ors.)
(7) S.B.CIVIL WRIT PETITION NO. 1213/2009
(Yashwant Singh Vs. State and Ors.)
(8) S.B.CIVIL WRIT PETITION NO. 1215/2009
(Ravindra Kumar Vs. State and Ors.)
(9) S.B.CIVIL WRIT PETITION NO. 1216/2009
(Sandeep Khandelwal Vs. State and Ors.)
(10) S.B.CIVIL WRIT PETITION NO. 1217/2009
(Shriram Khanna Vs. State and Ors.)
(11) S.B.CIVIL WRIT PETITION NO. 1218/2009
(Ranjana Meena Vs. State and Ors.)
(12) S.B.CIVIL WRIT PETITION NO. 1219/2009
(Ajay Kumar Sunda Vs. State and Ors.)
(13) S.B.CIVIL WRIT PETITION NO. 1220/2009
(Ravindra Kumar Vs. State and Ors.)
(14) S.B.CIVIL WRIT PETITION NO. 1221/2009
(Himanshu Gupta Vs. State and Ors.)
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S.B.C.W. NO. 1214/2009 and 17 others
(15) S.B.CIVIL WRIT PETITION NO. 1222/2009
(Anuj Goyal Vs. State and Ors.)
(16) S.B.CIVIL WRIT PETITION NO. 1223/2009
(Rohit Sharma Vs. State and Ors.)
(17) S.B.CIVIL WRIT PETITION NO. 1224/2009
(Shipra Sharma Vs. State and Ors.)
(18) S.B.CIVIL WRIT PETITION NO. 1225/2009
(Akshat B. Lalvani Vs. State and Ors.)
Date of Order :: 26.05.2009
HON'BLE MR. JUSTICE H.R. PANWAR
Mr. Paramveer Singh for the petitioner.
Mr. R.L.Jangid, AAG }
Mr. B.P.Mathur }
Mr. Y.P.Khileri, Dy.G.C.}
Mr. D.C.Sharma } for the respondents.
Mr. Manish Sisodiya } for the applicant.
BY THE COURT
By an application being I.A. No.4366/09 in SBCW No.1214/09 the applicant seeks preponing of the matter.
With the consent of learned counsel for the parties, the matter is taken up today since the matter is on Board for orders on application. The application is accordingly disposed of.
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S.B.C.W. NO. 1214/2009 and 17 others With the consent of learned counsel for the parties, the writ petitions are heard and decided together taking the facts of S.B.Civil Writ Petition No. 1214/09 as leading case.
By all these writ petitions, the petitioners seek quashing of the Resolution dated 30.12.2008 passed by respondent No.1, State of Rajasthan through Secretary, Medical Education, Govt. of Rajasthan, Jaipur by which the Centre of Examination of B.D.S. IV th year of the petitioners was fixed at Govt. Dental College, Jaipur and also seek quashing of the order Annex.4 dated 22.1.2009 passed by the respondent No.2 which is consequential order of the Resolution dated 30.12.2008 whereby the students of the respondent No.5, Jodhpur Dental College, General Hospital, Jhanwar Road, Boranada, Jodhpur were to produce identity card and mark sheet of the qualifying examination to appear in the examination at Govt. Dental College, Jaipur.
I have heard learned counsel for the parties. Learned counsel for the petitioners submits that by interim order dated 25.2.2009, effect and operation of the order Annex.4 dated 22.1.2009 passed by the Rajasthan University of Health Sciences addressed to the respondent No.5 for holding the Theory and Practical (Main) Examination for the students of the B.D.S. Final Year at Government Dental College, Jaipur was stayed and the petitioners were permitted 4 S.B.C.W. NO. 1214/2009 and 17 others to appear in the B.D.S. Final Year Examination which were scheduled to be held on 28.2.2009 at S.N.Medical College, Jodhpur. Subsequent thereto, by order dated 22.4.2009 the interim order dated 25.2.2009 was modified to the extent that practical examination of the writ petitioner for B.D.S. Final Year shall be conducted at Jodhpur Dental College, General Hospital, Jhanwar Road, Boranada, Jodhpur. However, it was made clear that the order passed by this Court is only in respect of the writ petitioners and in any manner not effecting the students who did not approach this Court. Learned counsel for the parties further submit that in pursuance of the order of this Court dated 22.4.2009 the writ petitioners are to appear in the practical examination to be held and conducted at Jodhpur Dental College respondent No.5.
In my view, after the petitioners having appeared in theory main examinations at S.N.Medical College, Jodhpur in pursuance of the order dated 25.2.2009, it would not be proper directing them to appear in practical examination of BDS Course at Government Dental College, Jaipur. More particularly, indisputedly, in the preceding/ previous years theory as well as practical examination of such students were conducted at respondent No.5 i.e. Jodhpur Dental College, General Hospital Jhanwar Road, Boranada, Jodhpur and therefore, the respondents are directed to allow the petitioners 5 S.B.C.W. NO. 1214/2009 and 17 others to appear in the Practical Examination of the BDS Final Year for the Academic Session 2008-09 at Jodhpur Dental College, General Hospital Jhanwar Road, Boranada, Jodhpur. The orders impugned dated 22.1.2009 directing the petitioners to appear for examination at Govt. Dental College, Jaipur stand quashed.
The writ petitions stand allowed to the extent above. However, it is made clear that the order passed in these writ petitions is in respect of writ petitioners only and it would not effect other students who have not approached to this Court. The applications seeking modification of stay order also accordingly disposed of. Stay petitions also stand disposed of.
(H.R. PANWAR), J.
Rp