CW 4982/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4982/06 Banshi Lal Versus State & Ors. DATE OF ORDER : 20/05/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sargam Jain for Mr. Ashok Gaur, for petitioner Ms. Raj Sharma, Addl. Govt. Counsel, for respondents *** Instant petition has been filed by petitioner with the grievance that despite he was eligible and joined Live-Stock Assistant Training Course in the institution recognized by the Government, still he was not permitted to appear in the examination arbitrarily and without any reasonable cause/justification. While issuing notice on 4th September, 2006, interim order was passed directing the respondents to permit the petitioner to continue the training course in which he was admitted and was also permitted to appear in the examination on provisional basis. Petitioner took admission in Live-Stock Assistant Training Course in the academic session 2005-07 and appeared in the examination under interim order of this court. After reply was filed by the respondents, this court directed the Government Counsel to keep his result of the CW 4982/06 [2] examination in which he appeared under the interim order of this court ready for perusal. It has been placed today of 1st Year & 2nd Year result-sheets – in both the years he passed examination of Live-Stock Assistant Training Course 2005-07. Only grievance raised by the counsel for respondents is that 15% seats were reserved for management quota and against sanctioned strength of the institution i.e. respondent No.4 only 7 admissions could have been made against management quota. However, in all, 8 admissions were made and petitioner being in excess of the management quota, was not eligible to join the training course, even if he otherwise fulfils the conditions of eligibility for admission to the course in question. It appears from the record that admissions made against management quota are to be finally approved by the Government and the State Government approved management quota of 8 students admitted to the present institution evident from Ann.3 dt.6th August, 2005 and objection raised by the respondent that petitioner being 8th student could not have been admitted against management quota in the present CW 4982/06 [3] institution has no legs to stand for the reason that name of the petitioner finds place at No.7 which was much within the sanctioned strength of management quota approved by the Government. Apart from it, the State Government itself has approved list of 8 students against management quota of the institution and petitioner in no manner can be said to be at fault and as it was already observed that in the examination in which he appeared under interim order of this court, he has already qualified 1st Year & 2nd Year as evident from marksheets placed before this court for perusal. Accordingly, writ petition stands allowed. Respondents are directed to declare the result of the petitioner of his joining Live-Stock Assistant Training Course for the academic session 2005-07 within two weeks from today. Petitioner may also obtain marksheets from the authorities. [AJAY RASTOGI], J. FRBOHRA4982CW06 20-5.doc