CW 7653/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7653/08 Manisha Swami Versus Jagatguru Ramanandacharya Rajasthan Sanksrit University & Anr. DATE OF ORDER : 15/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Miss Ashish Joshi, for petitioner Mr. M.C. Gupta, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner with the grievance that her candidature has not been considered according to her merit while allotment was made for admission to Shiksha Shastri Course in Pre-Shiksha Shastri Test, 2008. Petitioner appeared in Pre-Shiksha Shastri Test, 2008 held by Jagatguru Ramanandacharya Rajasthan Sanskrit University, Jaipur in which she was declared successful and placed at Merit No.2075. According to merit of incumbents, counselling process was initiated by the respondents and according to her merit, she was called upon to appear for counselling in regard to admission in various institutions on 17th July, 2008. As alleged in the petition also, she CW 7653/08 [2] appeared for counselling on 17th July, 2008 and few of applicants who are lower in the order of merit were given admission in Shri Digambar Jain Adarsh Women College, Shree Mahaveerji, District Karauli. However, she was misguided by subordinate staff, of which reference has been made in her representation to the Education Minister dt.17th July, 2008 that she may submit her application for another institution which she declined, but later on, it came to her notice that few applicants who are lower in the order of merit were granted admission in the institution of her choice that constrained her to approach this court by filing instant petition. Counsel for petitioner submits that admissions were made purely on the basis of merit and once the petitioner indisputably was higher in order of merit qua others to whom admissions have been given in the institution of her choice in such circumstances, denial of admission to her is in violation of Art.14 of the Constitution of India. Respondents have filed reply to the writ petition wherein it has been averred that on 17th CW 7653/08 [3] July, 2008, petitioner appeared late and by that time other who appeared for counselling as per their merit against available seats they were considered for admission in Shri Digambar Jain Adarsh Women College, Shree Mahaveerji and those seats which became vacant later on either on account of non-joining or on account of cancellation second counselling took place on 3rd/12th November, 2008 and there was only one seat which was allotted to applicant who was higher in order of merit qua present petitioner and all 120 seats of the institution are being filled in. Counsel for respondents further submits that third counselling took place on 10th/11th December, 2008, but for good reasons, the petitioner did not appear and in such circumstances, the total sanctioned seats in the institution desired by the petitioner have already been filled in and in such circumstances, no relief could be granted to the petitioner. I have considered submissions of counsel for parties and perused the material on record. CW 7653/08 [4] This fact cannot be disputed that allotment/admissions were made on the basis of merit and no other considerations are being taken note of at the time of counselling. The petitioner as alleged appeared on 17th July, 2008 on the date of counselling, but as averred by the respondent she was late and by that time admissions were made, it will be difficult to say that she appeared after admissions were made of those who are lower in order of merit or not, but the fact remains that all 120 seats in the present institution desired by the petitioner are being completely filled in and no one lower in merit has been impleaded as party respondent in the instant petition in absence whereof petitioner cannot be considered for admission in addition to the sanctioned strength. Apart from it, second counselling took place on 3rd/12th November, 2008 and thereafter, third counselling on 10th/11th December, 2008 if at all the petitioner was desirous of seeking admission, she could have participated for counselling according to her merit. But, it appears that petitioner never desired to seek admission in the institutions other than referred to supra and CW 7653/08 [5] since as observed all seats as per sanctioned strength of institution desired by her have already been filled in. No relief in these changed circumstances can be granted to the petitioner. Consequently, this court finds no substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA7653CW08 15-12.doc