CW13121/08 (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.13121/2008 Sonu Chhaparwal 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. Gajendra Sharma with Mr. Manish Sharma, 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 petitioner seeking direction to the respondents for considering her case for admission to the BSTC 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 petitioner is that she appeared in the BSTC (Sanskrit), Pre-Test, 2008 and being successful she was called for interview by way of issuing the call letter to appear in the interview on 10/11/2008 which she received on 14/11/2008 at her residence Mod Ka Nimbahera, Teshil Asind, District Bhilwara after the scheduled date of interview i.e. CW13121/08 (2) 10/11/2008. It was then contended that after receiving the letter on 14/11/2008 she immediately contacted to the Convenor of Counseling at Ajmer on 15/11/2008 and made a request through written application to permit her for counseling which was scheduled to be held on 19/11/2008 and 20/11/2008 explaining all the facts but without any fault on her part she was not permitted to take part in the counseling and thus deprivation of her valuable right of admission was made and so many vacancies are still in existence and the petitioner'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 letter was not received by the petitioner in time prior to the date of counseling, there was already information to the petitioner and as such there is no fault on the part of the respondents. It was then submitted that 200 days are required for BSTC course and now process of admission is also complete. CW13121/08 (3) 5. I have considered the rival submissions made at 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 petitioner is a resident of remote village Mod Ka Nimbahera, Tehsil Asind, District Bhilwara and in this situation it is possible that the newspaper in which the said notification was published may not have been circulated in the said village Mod Ka Nimbahera. It is also important to take note that the petitioner was found in merit and soon after she received the letter of counseling on 14/1/2008, she contacted to the concerned authorities on 15/11/2008, therefore, it cannot be said that she was 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 course are still available. Therefore, in the interest of justice, it is proper and just in the facts and circumstances that the petitioner'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 petitioner and if found suitable and eligible she may be given admission to the BSTC Course, 2008. The petitioner is directed to appear before respondent no.2 Controller of Examination, Government College, Ajmer on 24/2/09 along with all her required documents. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A.