RASHTRIYA SANSKRIT SANSTHAN Vs. JITENDRA KUMAR SHARMA

JUDGEMENT

(1.) The respondent herein already holding the qualification of 'Shiksha Shastri' from the Rajasthan University which is duly recognised wanted to pursue the same course of 'Shiksha Shastri' run by the Rashtriya Sanskrit Sansthan, New Delhi i.e. the institute established under the auspices of the Human Resources Development Department of the Government of India. He was eligible for the admission in the said course of 'Shiksha Shastri' run by the Rashtriya Sanskrit Sansthan, New Delhi and had also been found to be entitled for such admission on the basis of the merit and other requirements for admission to the said course but such admission was denied to him by the appellant-institution. The ground of denial of admission was that he was already holding a similar degree from Rajasthan University which was also recognised.

(2.) He, therefore, preferred a writ petition being SB Civil Writ Petition No. 538/1996 and in that writ petition, the order was passed on 25-1-1996, directing the respondent to decide the matter of the respondent about his admission and thereupon the appellant-institution passed an order dated 22-2-1996 informing him that since he had already passed the Shiksha Shastri course from the Rajasthan University he could not be admitted to the concerned course run by the appellant-institution.

(3.) Aggrieved from this order dated 22-2-1996, he filed yet another writ petition being SB Civil Writ Petition No. 1660/1996. This writ petition was allowed by the learned single Judge and the order dated 22-2-1996 was quashed with the direction to the appellant-institution that the respondent herein be admitted to the concerned course in the next academic session without any further selection and that he shall also be entitled to receive the amount of cost and other incidental charges amounting to Rs.3000.00. It is this order dated 5-8-1996, passed by the learned single Judge, deciding the Writ Petition No. 1660/1996 which is the subject-matter of challenge in this appeal before us, filed by the present appellants under Section 18 of the Rajasthan High Court Ordinance, 1949.