VISHAKHA TRIVEDI Vs. GOVERNMENT DUNGAR COLLEGE

JUDGEMENT

(1.) The petitioner has approached this Court for the following reliefs:

(2.) The facts, in brief, relevant for the present purposes are that petitioner appeared in PTET, held for the purpose of admission in four years' integrated course for B.A. B.Ed. While furnishing her application form, she had given first ten preferences for colleges at Jodhpur. After counceling, the petitioner was allotted college named Late Kumari Laxmi Badhala Girls College, Teh. Chomu, District Jaipur. The petitioner deposited requisite fee, i.e., Rs.22,000/- with the college on 16.08.2019 and her admission in such college was finalized. Petitioner has filed the present writ petition under Article 226 of the Constitution of India, inter-alia, invoking inherent powers of this Court, pointing out peculiar facts involved in the present case: her mother Smt. Pushpa is suffering from a chronic disease, i.e., SLE (Systemic Lupus Erythematousus), which is an autoimmune disease; her father is in a private employment and due to his occupation he is not in a position to take complete and due care; that apart the mother being a female, requires petitioner's attention and care for her daily chores. Petitioner has prayed that she be given admission in any of the colleges in Jodhpur, in place of college at Jaipur as pursuing further studies at Jaipur, would lend her family in great hardship and make life of her ailing mother miserable.

(3.) Upon instructions, Dr. Nupur Bhati informed that a seat is lying vacant in 'Shri Nakoda Parshvanath Jain Mahavidhyalaya, Jodhpur' and prayed that a direction be issued to the respondents to transfer the petitioner's admission from 'Late Kumari Laxmi Badhala Girls College, Teh. Chomu, District Jaipur' to 'Shri Nakoda Parshvanath Jain Mahavidhyalaya, Jodhpur.' Mr. Kuldeep Mathur, learned counsel appearing for PTET, has argued that such transfer is not permissible particularly in view of the time-line provided by the Division Bench of this Court, vide its order dated 02.09.2016 passed in D.B. Civil Writ Petition (CW) No.6237/2014 (Smt. Jyanki Devi Teacher Training College Vs. State of Rajasthan and Ors.). He, further, pointed out that by way of subsequent order dated 05.07.2019, passed in D.B. Misc. Application No.194/2019 in D.B. Civil Writ Petition No.6237/2014, this Court has, however, relaxed the time-line for this particular year. Accordingly, the respondent-PTET was required to finalize the admission by 19.08.2019, which it has done. It has been further contended by Mr. Mathur that after 19.08.2019 the respondents cease to have any power to give admission or even to transfer any candidate from one college to another. Heard learned counsel. True it is, that respondent No.3-Coordinator, Pre Teachers Education Test PTET-2019, Government Dungar College, Bikaner, Rajasthan cannot give admission to petitioner or any candidate after the cut off date, i.e., 19.08.2019. However, looking to the peculiar facts involved in the present case and taking into consideration that a seat is lying vacant in 'Shri Nakoda Parshvanath Jain Mahavidhyalaya, Jodhpur', it is deemed expedient and hence ordered that the petitioner be given admission in Shri Nakoda Parshvanath Jain Mahavidhyalaya, Jodhpur. The petitioner shall deposit requisite fee along with a certified copy of this order on or before 26.09.2019. On furnishing the requisite fee and necessary documents, Shri Nakoda Parshvanath Jain Mahavidhyalaya, Jodhpur shall give admission to the petitioner forthwith in integrated course for B.A. B.Ed.