CW13417/08 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Civil Writ Petition No.13417/2008 Laxmi Vs. State of Rajasthan and another Date Of Order :: 9th February, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Hemant Gajraj, for petitioner. Mr. S.D. Khaspuria, Addl. GA for respondent No.1-State. Mr. R.A. Katta, for respondent No.2. ........ By the Court :- The present writ petition has been filed by the petitioner seeking direction to the respondents for considering her case for admission to the BSTC course, 2008 on the basis of her merit. 2. With consent of the learned counsel for the parties, this writ petition has been heard finally at this stage and I perused the material available on the record. 3. The main contention of the petitioner is that she appeared in the BSTC Course, 2008, however being successful she was not called for the interview and only on information gathered by her she could know only after 10/11/2008 that one notification was published in the Dainik Bhasker on 4/11/2008 in regard to counseling of second waiting list for admission in BSTC on 9/10-11- 2008 wherein it has been shown that cut off points in the category CW13417/08 (2) of General Women are 430 whereas the petitioner secured 436 marks and since she did not receive any call letter for counseling and further there was no information with her that counseling shall be held on 7-11-2008, therefore, she could not know and appear and only after on the information from the internet she could know that she had to appear on 10/11/2008 for counseling since her case is falling under the General Women Category and she secured 436 marks and therefore she was entitled to counseling. It was also submitted that the petitioner is a resident of remote village Hasas, Post Jhanjha, Tehsil Buhana, District Jhunjhunu and therefore it could be possible that the newspaper in which the notification of counseling was published could not be received. It was also submitted that the petitioner made a request to the concerned authorities and explained the situation but she was not permitted to take part in the counseling and thus deprivation of her valuable right of admission was made and so many vacancies are still in existence and the petitioner's case may be considered. Reliance was placed on the order dated 23.1.2008 passed by the learned Single Bench of the Principal Seat at Jodhpur in S.B. Civil Writ Petition No.44/2008 titled as Ms. Sarita Birda Vs. State of Rajasthan and others, reported in W.L.C. (Raj.) U.C. page 543. 4. Per contra, learned counsel for the respondents submitted that apart from sending the information of counseling by post, a notification was also published in the newspaper in which it CW13417/08 (3) was specifically mentioned that those persons who are in merit as mentioned in the advertisement may attend the counseling, therefore, even if the call letters were not received by the petitioner in time prior to the date of counseling, there was already information to the petitioner and as such there is no fault on the part of the respondents. It was then submitted that 200 days are required for BSTC course and now process of admission is also complete. 5. I have considered the rival submissions made at the bar. It is true that apart from sending the letter, a notification was also got published about the date of counseling but if she would have information by post or in newspaper about the counseling then there was no occasion for her not to attend the counseling and in this situation it is possible that the newspaper in which the said notification was published may not have been circulated in the remote village of the petitioner. It is also important to take note that when the petitioner knew about the candidates appearing for the interview who were having marks 430 in the General Women Category and her marks were also 436 she immediately contacted to the concerned authorities, therefore, it cannot be said that she was not interested to take part in the counseling and it has not been denied by the counsel appearing for the respondents that vacancies in the BSTC course are still available. Therefore, in the interest of justice, it is proper and just in the facts and CW13417/08 (4) circumstances that the petitioner's valuable right to seek admission may not be denied. 6. I am therefore inclined to accept the writ petition. The respondents are directed to hold the counseling of the petitioner and if found suitable and eligible she may be given admission to the BSTC Course, 2008. The petitioner is directed to appear before respondent no.2 Controller of Examination, Government College, Ajmer on 24/2/09 along with all her required documents. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A.