CW 11134/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.11134/08 Rajesh Kumar Gurjar Versus State & Anr. DATE OF ORDER : 15/05/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ram Pratap Saini, for petitioner Mr. Chetan Bairwa, Addl. Govt. Counsel, for State Mr. Nawal Singh, for respondent *** Matter has come up on application under Article 226(3) of the Constitution for vacation of ex-parte stay order passed by this court dt.26th November, 2008, but with the consent of parties, it is finally heard at the stage of admission. Instant petition has been filed by petitioner with the grievance that despite he being eligible admitted by respondent No.2-institution in ITI [Electrician Trade], but was arbitrarily not permitted to pursue studies by respondent No.1. It has been alleged by the petitioner that he did his Prathama from Hindi Sahitya Sammelan in the year 2006, which according to him, is equivalent to Senior Secondary Examination with the minimum condition of eligibility required for admission in ITI institutions approved by the CW 11134/08 [2] State Government. It has been further alleged that he deposited a sum of Rs.20,000/- towards fee with the respondent No.2-institution – document to this effect has been placed on record as Ann.3, but still he was not permitted to pursue studies which he raised in the instant petition. This Court while issuing notice passed interim order on 26th November, 2008 directing the respondents to allow him to continue in ITI [Electrician] Course in the institution in which he alleged that he took admission after depositing the requisite fee. Reply has been filed by the respondent No.2 in which it has been averred that very receipt which has been made to be a basis by the petitioner, is a document which was never issued from their office and no fee has been received by the institution as alleged while taking admission. It has been further averred that final list prepared by the respondent-institution of granting admission to respective applicants was sent to the Government and after taking their prior approval, students were admitted in their respective Electrician/Mechanical trade and all CW 11134/08 [3] the 21 seats in respective Trade duly sanctioned by the Government, were filled and the petitioner was never admitted by the respondent-institution. Very grievance raised by him seeking permission to pursue studies in absence whereof does not arise any further to be considered by this Court. There is no counter filed by petitioner to the averment which has been made by respondent No.2 in their reply which may show that petitioner was never admitted by the institution and so far as his allegation with respect to depositing fee is concerned, this fact has been seriously disputed by the respondents. In absence of petitioner being admitted by respondent No.2, question to allow the petitioner to pursue his studies any further does not require to be examined in the instant petition. Counsel further submits that he is eligible on the basis of his qualification to seek admission in ITI [Electrician Trade]. Suffice it to say that question of examining his eligibility would only arise if he is denied admission or his application form stands CW 11134/08 [4] rejected. But, in the instant case, when there was no application submitted seeking admission by either of respondents, question of his eligibility in the facts of instant case does not arise for consideration. Counsel submits that he has filed complaint against respondent No.2-institution in regard to accepting fee. In this regard, document Ann.3 has been placed on record. It will be always for the Investigating Officer to examine, but no inference can be drawn by this court in the instant petition. Consequently, this court find no substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA11134CW08 15-5.doc