{1} 11329 DBCWP NO. 2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D.B. CIVIL WRIT PETITION NO. 11329/2009 RAVIKANT MEENA Vs. STATE OF RAJASTHAN & ORS. DATE OF ORDER: 26.07.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MRS. JUSTICE MEENA V. GOMBER Mr. Anshuman Saxena, for the petitioner. Mr. J.R. Bijarnia, Public Prosecutor for the respondents. **** Heard the learned counsel for the parties. 2. Convict-petitioner has preferred this writ petition for issuing necessary direction to respondent Nos. 1 to 4 to transfer the petitioner to Open Air Camp, Jodhpur and further direction to respondent Nos. 5 and 6 to give admission to the petitioner for doing his B.Ed. Course. 3. A notice to show cause was given to the respondents on 14.09.2009 but no reply to writ petition was filed. Thereafter, the writ petition was admitted on 20.10.2009, however, no reply has been filed till date by the respondents. {2} 11329 DBCWP NO. 2009 4. The submission of the learned counsel for petitioner is that while in custody, the petitioner passed M.A.(Final) Examinations in four subjects and thereafter he applied for admission in B.Ed. Course, wherein he was selected and allotted college at Jodhpur but as regular attendance was required and he is behind the bar, therefore, he could not get admission in B.Ed. Course. He contended that if his case is considered and he is transferred to Open Air Camp, then he can do his B.Ed. Course by attending regular classes, therefore, necessary direction to respondents be issued. 5. Learned Public Prosecutor contended that petitioner has come directly before this Court for his transfer to the Open Air Camp, Jodhpur without approaching appropriate authority meant for the said purpose, therefore, petitioner should be directed to approach the concerned authorities first for consideration of his case to transfer him to the Open Air Camp, Jodhpur. If the concerned authorities do not consider or reject the case of petitioner, then he can again approach this Court. He, therefore, contended that there is no merit in the writ petition and the same be dismissed. {3} 11329 DBCWP NO. 2009 6. We have considered the submissions of learned counsel for the parties. 7. Learned counsel for the petitioner does not dispute that he has come directly to this Court without approaching the statutory authority for his transfer to Open Air Camp. It is relevant to mention that there are statutory rules with regard to transfer of a convict from District or Central Jail to Open Air Camp, namely, the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter referred to as 'the Rules of 1972'). Rule 14 of these rules prescribes that a Committee consisting of authorities mentioned in the Rule shall be constituted to direct, evaluate and to take decision for transferring the eligible prisoners to open air camps. Eligibility for admission to Open Air Camp is examined as per Rule 4 of the Rules of 1972. There are other provisions under the Rules of 1972, which are relevant for consideration of the committee for the purpose of examining the case of an individual convict for his transfer to Open Air Camp. 8. After considering all the facts and circumstances of the case, we find force in the submission of learned Public Prosecutor {4} 11329 DBCWP NO. 2009 that the present writ petition is not maintainable and is liable to be dismissed on the ground of availability of alternative statutory remedy to petitioner under the Rules of 1972. 9. Consequently, this writ petition is dismissed with liberty to petitioner to move appropriate application before appropriate authority under the Rules of 1972 for transfer to Open Air Camp. 10. It is needless to mention that as and when an application is filed by petitioner, the concerned Committee will consider the same as per rules. While considering the application, the Committee will also keep in mind that petitioner has already passed M.A. in 4 subjects while in custody and has also been selected for B.Ed. Course. (MEENA V. GOMBER),J. (NARENDRA KUMAR JAIN),J. /KKC/