MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER by this writ petition is seeking annulment of condition envisaged in the result counseling Notification No.05/2014 issued on 6th of June 2014 (Annex.6), whereby cut -off date is fixed for an incumbent aspirant for admission in BSTC Course to acquire requisite eligibility before 22nd June 2014. In the alternative, a prayer is also made seeking direction against the respondents to consider the candidature of petitioner for counseling to secure admission in BSTC (General) 2014.

(2.) THE facts in brief are that the second respondent issued a notification dated 10th of March 2014 inviting on -line applications for Pre -BSTC (D.El.Ed.) Examination. Pursuant to that, petitioner submitted his application and offered his candidature. As per Clause 4 of the advertisement, it was insisted that the incumbent is required to acquire the eligibility at the time of counseling else he shall not be permitted to participate in counseling. The petitioner took up his Senior Secondary Examination (Arts) 2014 conducted by Rajasthan Board of Secondary Education, Ajmer. The result of the said examination was declared, wherein he failed to pass optional History Paper and was awarded supplementary in that examination. On declaration of the said result, the petitioner submitted an application on 26th of May 2014 for retotaling of his History subject examination and the result of the same is still awaited.

(3.) LEARNED counsel for the petitioner has urged that his result pertaining to retotaling of History subject is still awaited and therefore the petitioner may be permitted provisionally to participate in the counseling. In alternative, the learned counsel for the petitioner has urged that the condition envisaged in the counseling notification dated 6th of June 2014 insisting for acquiring requisite eligibility on or before 22nd of June 2014 be declared arbitrary and the same is liable to be annulled as violative of Article 14 of the Constitution.