CW 1880/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1880/2007 Abhay Shekhar Vashishtha Versus Rajasthan Technical University & Ors. Date of Order ::: 10/07/09 Hon'ble Mr. Justice Ajay Rastogi Ms Aradhana Sharma for Mr. D.C.Swami, for petitioner Mr.AK Bhargava, for respondent (Univ.) Matter has come up on application of petitioner seeking declaration of result of examination of I, II, III Semesters of B.E.(Elec. & Computers) in which he appeared under interim orders of this Court. Vide order dt.20/05/09, this Court observed to finally dispose of the matter; hence at joint request, matter has been finally heard at admission stage. Instant petition has been filed by petitioner with the grievance that minimum age as prescribed by RPETEAP in the process initiated for holding admission to B.E. is unreasonable and in violation of Art. 14 of Constitution of India. As alleged, petitioner's date of birth is 26/10/1991. Petitioner appeared in the RPETEAP examination wherein he qualified for admission to B.E. Course, and was permitted to join B.E. (Elec. Computer) (1st year) in academic session 2007-08 after being admitted by Yagyavalkya Institute of Technology (respondent NO.2) and was pursuing his studies and after having almost CW 1880/07 //2// completed B.E. Course (Ist year), submitted his examination form to respondent NO.2 so as to appear in the examination scheduled to commence on 23/03/07. However, respondent-College issued a letter dt.30/01/07 (Ann.1) to the petitioner that his admission to the course stands cancelled due to he being under-age and having not attained minimum age limit as prescribed by the RPETEAP since as per the norms, student should not born later than 01/01/91 and not earlier than 02/10/83 while petitioner has born on 26/10/1991. At this stage, petitioner approached this Court and vide interim order dt.30/03/07, he was allowed to pursue his B.E. Course and to appear in the examination provisionally and his result was made subject to decision of instant petition, which was confirmed vide order dt.17/05/07. In pursuance of aforesaid stay order, petitioner continued to pursue his B.E. Course and when examination of 6th Semester was going to commence in July, 2009, he was not permitted to fill the form, so applied for appearance in ensuing examination of B.E. Course and was provisionally allowed vide order dt.20/05/09. Counsel for petitioner has brought to the notice of this Court that similar controversy as raised herein was considered while allowing CWP- CW 1880/07 //3// 2805/07 (Amit Srivastava Vs. State) by a coordinate Bench of this Court and taken note of in the order dt.04/07/08 (CWP-508/08-Tarun Rahul Vs. State) whereby fixing minimum age for admission to B.E./B.Tech course was held to be unjust and unconstitutional. It has also been brought to the notice that in prospectus for RPET-2008, as per para 3.2, requirement of minimum age has been waived off w.e.f. Year 2008; in such circumstances, Counsel submits that once impediment of minimum age stands done away with by respondents as per prospectus published in 2008, that may not come as impediment in case of petitioner from prosecuting his studies. Counsel for respondents submits that the judgment on which counsel for petitioner placed reliance is pending before Division Bench. Since the Co-ordinate Bench of this court has finally resolved this controversy and further taking note of prospectus published by the respondents for RPET-2008, present petition deserves to be allowed. Consequently, writ petition succeeds and is hereby allowed. Letter dt.30/01/07 (Ann.1) of the respondent No.2 is hereby quashed & set aside. Respondents are directed to consider petitioner as eligible for admission to B.E. Course (E/C.) - on the basis whereof, result of CW 1880/07 //4// petitioner's appearance in Semesters-I to VI of B.E. Course under interim orders of this Court be declared within two weeks from the receipt of certified copy of this order; and accordingly respondent university is further directed to allow the petitioner to complete his B.E. Course in accordance with law. No costs. (Ajay Rastogi), J. K.Khatri/p.4/1880CW07Jul10MmAge.doc