DINESH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WE have heard learned counsel appearing for the parties.

(2.) THE petitioners are students of Diploma in Engineering, pursuing their education in Jaipur Institute of Polytechnic and Technology Jaipur and Bharat Institute of Polytechnic and Sciences, which is a private institute. The last date of filling up the examination form for the first year was 08.03.2014, which was extended to 19.05.2014 with penalty of five times of the examination fees. The petitioners, however, did not fill up the examination form, and approached the Examination Body with the examination forms on 12.06.2014. Learned Single Judge dismissed the writ petition filed by the petitioner for accepting their examination form, and for appearing in the examination, on the ground that there was no justification to allow the petitioners to submit examination form after expiry of the last date. The petitioners were given liberty to deposit the examination form, even after the due date with penalty. They, however, did not avail the opportunity.

(3.) IT was submitted before learned Single Judge that in S.B.Civil Writ Petition No.6370/2014, the writ petitioners was permitted to submit the examination form. Learned Single Judge found that in that case, the petitioner went to deposit the fees within time. It was not accepted as it was offered in cash, and that he was asked to get demand draft, which was also prepared and presented on the same day, but the time when the demand draft was brought it was already 2.00 p.m. In such circumstances, considering the bonafides of the student, the interim order was passed.