HEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by means of this writ petition has prayed that the respondents be directed to admit him in the S.T.C. Course for the academic session 1990 -91 or in the alternative to admit him in the next session of S.T.C, Course commencing from July, 1991.

(2.) THE petitioner passed the Senior Higher Secondary Examination, 1989(Vocational) from the Board of Secondary Education Rajasthan as is evidenced from the mark -sheet Annexure 1 and secured First Division. He is a physically disabled person as per certificate Annexure 2. He submitted his application for admission in the School Teaching Course (in short S.T.C). He was called by the Selection Committee of Smt. M.G. Bohra Government Shikshak Prashikshan, Phalodi for interview for the admission in the first year of S.T.C. for the session 1990 -91 on 26.9.90 vide interview letter dated 20.9.1990 (Annexure 3) alongwith his original certificate. It is the case of the petitioner that the said interview letter Annexure 3 which was sent by post, was delivered to him on 26.9.90 at 5 p.m. by the postal authorities as per Post Office certificate Annexure 4. In such circumstances, he could not appear before the said Selection Committee and was thus deprived from the admission without his fault. The respondents should have dispatched the interview letter to him at least a fortnight prior to the date of interview and thus, the action of the respondents has been violative of Article 14, 15 of the Constitution of India.

(3.) IT may be mentioned here that this Court by its ad -interim order dated 11.12.1990 directed the respondents to provisionally admit the petitioner in the S.T.C. Course. The said interim order was confirmed by its order dated 17.7.91. In pursuance of Courts' order, the petitioner was admitted in the S.T.C. Course. He passed the First year of the said Course. He has also appeared in the final examination of the S.T.C. Course but his result has not been declared so far.