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2025 DAILYLAW 11768 (RAJ)

JATIN SAINI v. STATE EDUCATION DEPARTMENTORS

CW/10476/2014 · 2025-03-24

Mahendar Kumar Goyal

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:13006] [2025:RJ-JP:13008] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10476/2014 Jatin Saini S/o Shri Rajesh Kumar Saini, aged about 06 years, R/o Gayatri Colony Near Saboo School, Ward No. 8, Pilani Distt. Jhunjhunu, (Raj.) Since The Petitioner Is Minor Therefore, Filling Present Petition Through Natural Guardian I.e. Father Namely Rajesh Kumar Saini S/o Bajrang Lal Saini Aged About 35 Years, R/o Gayatri Colony Near Saboo School, Ward No. 8, Pilani Distt. Jhunjhunu (Raj.) ----Petitioner Versus 1. The State Of Rajasthan Through The Principal Secretary Department Of Education Government Of Rajasthan, Government Secretariat, Jaipur. 2. The Commissioner, Rajasthan Elementary Education Counsel, Having Its Office At Shiksha, II And III Floor, Vth Block, Jln Marg, Jaipur. 3. The District Collector, Jhunjhunu (Raj.) 4. The District Education Officer (Secondary Education), Jhunjhunu (Raj.) 5. The Hari Devi Jhutha Ram Shishu Sadan Senior Secondary School, Chirawa Road, Pilani, Tehsil Surajgarh, Distt. Jhunjhunu, Through Its Principal ----Respondents Connected with S.B. Civil Writ Petition No. 10483/2014 1. Rohit Saini S/o Shri Teja Ram Saini, aged about 07 years 2. Aditya Saini S/o Shri Teja Ram Saini, aged about 05 years, Both Above resident of Near Saboo School Pilani, Tehsil Surajgarh, District Jhunjhunu (Raj.) Since The Petitioners Are Minor Therefore, filing present petition through natural guardian, i.e., father namely Teja Ram Saini S/o Late Shri Sanwarmal Saini, aged about 37 years,, Near Saboo School, Pilani, Tehsil Surajgarh, District Jhunjhunu Raj. [2025:RJ-JP:13006] [2025:RJ-JP:13008] (2 of 3) [CW-10476/2014] ----Petitioners Versus 1. The State Of Rajasthan, Through The Principal Secretary Department Of Education, Government Of Rajasthan, Government Secretariat, Jaipur 2. The Commissioner, Rajasthan Elementary Education Counsel, Shiksha Sankul, II And III Floor, Vth Block, J.l.n. Marg, Jaipur Raj. 3. The District Collector, Jhunjhunu Raj. 4. The District Education Officer, (Secondary Education), Jhunjhunu Raj. 5. The Hari Devi Jhutha Ram Shishu Sadan Senior Secondary School Through Its Principal, Chirawa Road, Pilani, Surajgarh, District Jhunjhunu Raj. ----Respondents For Petitioner(s) : Mr. Divyansh Saini for Mr. Anshuman Saxena For Respondent(s) : Ms. Namita Parihar, DGC Mr. Rahul Sharma with Ms. Chanchal for Mr. Rajneesh Gupta HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 24/03/2025 Since, the issues involved in both the writ petitions are common, they have been heard together and are being decided vide this common order. These writ petitions are filed seeking a direction to the respondents not to discontinue the petitioners’ admission in the category of “child belonging to weaker section” and to the respondent No.5 to refund the fee, i.e., Rs.9,500/- alongwith [2025:RJ-JP:13006] [2025:RJ-JP:13008] (3 of 3) [CW-10476/2014] interest paid by the petitioners’ father for their admission in the Sessions 2013-14. Insofar as the relief No.1 is concerned, learned counsel for the petitioners submits that it has already been rendered infructuous by efflux of time. Qua the relief No.2, i.e., a direction to the respondent No.5 to refund the fee, despite opportunities, learned counsel for the petitioners is not able to substantiate his averment that the respondent No.5-School had assured the petitioners’ father to refund the fee deposited by them at the time of their admission in the Sessions 2013-14 in case the State Government contributes the same, in absence whereof, the relief cannot be granted. Resultantly, these writ petitions are dismissed being devoid of merit. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/34-25