D.B. Civil Special Appeal No.350/09 Anil Kumar vs. Jai Narayan University & anr. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT Anil Kumar vs. Jai Narayan Vyas University & anr. D.B. Civil Special Appeal No.350/09 under Article 225 of the Constitution read with Rule 134 of the Rajasthan High Court Rules, 1952 against the judgment dated 18.2.2009 passed by the learned Single Judge in SB Civil Writ Petition No.1330/2009. Date of Order:- May 26th ,2009. PRESENT HON'BLE MR. JUSTICE PRAKASH TATIA. HON'BLE MR. JUSTICE VINEET KOTHARI. Mr. Rajat Dave for the appellant. Mr. P.R. Singh for the respondents. BY THE COURT ( Per Hon'ble Mr.Tatia,J.): The appellant has preferred this Special Appeal to challenge judgment passed by the learned Single Judge dated 18.2.2009. The writ petition of the petitioner was dismissed after observing that even 4th round of counseling for admission in B.Ed. Course is D.B. Civil Special Appeal No.350/09 Anil Kumar vs. Jai Narayan University & anr. 2 complete and the petitioner is claiming admission on the ground that he was denied admission after his appearing in the 2nd round of counseling and, therefore, the writ petition preferred by the petitioner is belated. However, the petitioner was given permission to submit his representation before the Coordinator, PTET Examination, Jai Narain Vyas University, Jodhpur( for short 'JNVU, Jodhpur') with the direction to the respondents to consider the representation of the petitioner and if vacant seats are available and the petitioner is meritorious then the petitioner's representation may be considered in accordance with law. Not satisfied with the said order, the appellant has preferred this appeal. The learned counsel for the petitioner submitted that the petitioner belongs to the category of Other Backward Classes and he has placed on record the caste certificate. He is also belonging to the category of Defence Personnel/Ex.Service man and in support of that he has also placed on record the copy of the certificate of his father's employment. It is also submitted that for admission to the B.Ed. Colleges in Rajasthan, a common entrance test, known as Pre Teachers Education Test (PTET) was conducted D.B. Civil Special Appeal No.350/09 Anil Kumar vs. Jai Narayan University & anr. 3 in the year 2008 by the JNVU, Jodhpur. The petitioner appeared in the said examination and he secured 257 marks. According to the petitioner, he received the marks-sheet after some delay, however, in the marks-sheet, the petitioner-appellant's category has been shown as Other Backward Caste Defence Personnel, meaning thereby that the appellant was shown to be belonging to the defence quota and was in the category of OBC also. Total four rounds of counseling were conducted in view of the various change in circumstances and the 3rd round of counseling for admission to B.Ed. Course was undertaken from 5.2.2009 to 7.2.2009 and the appellant appeared in the counseling but has not been given admission. It is submitted that the appellant could have given option for particular college and was also allowed to give option to opt for college, “any where in Rajasthan”. The petitioner opted for any college in Rajasthan. According to the petitioner, the petitioner was eligible to be given admission in B.Ed. Coure as per his marks which were above the cut-out marks. Since the writ petition was dismissed in limine, the respondents submitted reply to the writ petition in appeal. As per the facts mentioned in the reply, the petitioner was D.B. Civil Special Appeal No.350/09 Anil Kumar vs. Jai Narayan University & anr. 4 member of OBC and also was falling in the Ex-service Defence Personnel category and, therefore, he was allowed to take part in 2nd, 3rd and 4th round of counseling despite the fact that he was having 257 marks in the entrance examination result and otherwise he could not have been allowed to take part in counseling as cut of point in the General OBC category was 318 marks. It is also submitted that even after considering the petitioner in OBC Defence Personnel category, he could not be allotted the seat because the institutions for which the petitioner opted, the merit position in those institutions was much high in the category to which the petitioner is belonging. It is submitted that all rounds of counseling have already been completed, that is, even counseling for 4th round has also been completed and now fresh notification for convening the PTET, 2009 has been issued on 10.4.2009. At this stage, no relief can be granted to the petitioner. We perused the facts referred above and of the view that the petitioner, who approached this Court after delay, i.e. after 3rd round of the counseling and his case has already been considered in the category in which the petitioner is claiming his entitlement for admission to the B.Ed. Course. Further more, the petitioner D.B. Civil Special Appeal No.350/09 Anil Kumar vs. Jai Narayan University & anr. 5 was denied relief by the learned Single Judge as he approached the Court after 4th round of counseling and now the additional fact is that the course has already been started and even notification for convening the same entrance test, PTET, 2009 has already been issued on 10.4.2009. Therefore also, at this stage, which may not be under the control of the petitioner, yet because of this reason, no relief can be granted to the petitioner in a matter of admission to the educational course, as there must be end point for giving admission. It will be worthwhile to mention here that some of the other D.B.Civil Special Appeals have already been dismissed by this Court along with D.B.Civil Special Appeal No.328/09- Nanak Ram and anr. v. State of Raj. & anr. vide order dated 24.4.2009 (in which one of us Mr. Prakash Tatia, J. was party to the judgment.) There is a reference of D.B.Civil Special Appeal(Writ) No.295/2009-Ravi Kant Beniwal v. JNVU, Jodhpur & ors. decided on 6.4.2009. The Division Bench of this Court, accepted the contention of the respondents that in last round of counseling, i.e. 4th round of counseling, the admission was given to the candidates who secured 320 marks, whereas the appellant has secured only D.B. Civil Special Appeal No.350/09 Anil Kumar vs. Jai Narayan University & anr. 6 319 marks. The said stand taken in the reply has been accepted in Ravi Kant Beniwal's case (supra), then there is no reason to disbelieve the statement made by the respondents in the present appeal that the appellant was not eligible to be given admission on the basis of his marks. There is no merit in this appeal and the same is hereby dismissed. No costs. ( VINEET KOTHARI),J. (PRAKASH TATIA),J. mlt.