CW456/09 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Civil Writ Petition No.456/2009 Arun Kumar and another Vs. The State of Rajasthan and another Date Of Order :: 9th February, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Mukesh Saini on behalf of Mr. Biri Singh Sinsinwar, for petitioner. Mr. S.D. Khaspuria, Addl. GA for respondent No.1-State. Mr. R.A. Katta, for respondent No.2. ........ By the Court :- The present writ petition has been filed by the petitioners seeking direction to the respondents for considering her case for admission to the BSTC & NTT course, 2008 on the basis of her merit. 2. With consent of the learned counsel for the parties, this writ petition has been heard finally at this stage and I perused the material available on the record. 3. The main contention of the petitioners is that they appeared in the BSTC & NTT Course, 2008 and being successful they were called for interview by way of issuing the call letter to appear in the interview on 27/11/2008 at 2 pm & 4 pm respectively which they received on 29/12/2008 & 30/12/2008 at their resident Maniya, Dholpur after the scheduled date of interview i.e. CW456/09 (2) 27/11/2008 at 4 pm. It was then contended that after receiving the letter on 29/12/2008 & 30/12/2008 respectively they immediately contacted to the concerned authorities at Ajmer and made a request through written application to permit for counseling but without any fault on their part they were not permitted to take part in the counseling and thus deprivation of their valuable right of admission was made and so many vacancies are still in existence and the petitioners's case may be considered. Reliance was placed on the order dated 23.1.2008 passed by the learned Single Bench of the Principal Seat at Jodhpur in S.B. Civil Writ Petition No.44/2008 titled as Ms. Sarita Birda Vs. State of Rajasthan and others, reported in W.L.C. (Raj.) U.C. page 543. 4. Per contra, learned counsel for the respondents submitted that apart from sending the information of counseling by post, a notification was also published in the newspaper in which it was specifically mentioned that those persons who are in merit as mentioned in the advertisement may attend the counseling, therefore, even if the call letters were not received by the petitioners in time prior to the date of counseling, there was already information to the petitioners and as such there is no fault on the part of the respondents. It was then submitted that 200 days are required for BSTC & NTT course and now process of admission is also complete. 5. I have considered the rival submissions made at CW456/09 (3) the bar. It is true that apart from sending the letter, a notification was also published about the date of counseling but it is also equally true that the petitioners are the residents of remote village Maniya, Dholpur and in this situation it is possible that the newspaper in which the said notification was published may not have been circulated in the village aforesaid. It is also important to take note that when the petitioners were found in merit and soon after they received the letter of counseling on 29/12/2008 & 30/12/2008, they immediately contacted to the concerned authorities, therefore, it cannot be said that they were not interested to take part in the counseling and it has not been denied by the counsel appearing for the respondents that vacancies in the BSTC & NTT course are still available. Therefore, in the interest of justice, it is proper and just in the facts and circumstances that the petitioners's valuable right to seek admission may not be denied. 6. I am therefore inclined to accept the writ petition. The respondents are directed to hold the counseling of the petitioners and if found suitable and eligible they may be given admission to the BSTC/NTT Course, 2008. The petitioners are directed to appear before respondent no.2 Controller of Examination, Government College, Ajmer on 24/2/09 along with all their required documents. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A.