[2025:RJ-JP:13495] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9172/2014 Sonu Gurjar S/o Shri Sugriv Singh, aged 20 years, R/o Plot No.66, Brajraj Enclave, Sirsi Road, Panchyawala, Jaipur ----Petitioner Versus 1. State of Rajasthan through Principal Secretary, Education, Rajasthan, Jaipur 2. Coordinator, PTET-2014, Jai Narain Vyas University, Jodhpur 3. Lokesh T.T. College (112C123) Sabrampura, Machwa, Jhotwara, Jaipur ----Respondents For Petitioner(s) : Mr. Hemant Kumar Singh for Mr. R.D. Meena For Respondent(s) : Mr. Aditya Singh, DGC Mr. Vishwas Saini for Mr. M.S. Raghav HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 25/03/2025 This writ petition is filed seeking a direction to the respondents to extend the petitioner admission in B.Ed. Course- 2014. Case of the petitioner is that despite deposition of the requisite admission fee well in time, i.e., 16.08.2014, he has been denied admission in the allotted college-the respondent No.3. He, therefore, prays that the respondents be directed to grant the petitioner admission in the B.Ed. Course-2014. Learned counsel for the respondents No.1 and 2 submits that the petitioner was allotted the college-the respondent No.3 in the counselling on the strength of his merit position in the Pre-Teacher [2025:RJ-JP:13495] (2 of 4) [CW-9172/2014] Education Test for B.Ed. Course-2014 and thereafter, they have no role and the dispute is in between the petitioner and the respondent No.3-college. He further submits that they would abide by the decision of this Court. Learned counsel for the respondent No.3 submits that since, the petitioner was granted admission under an interim order of this Court dated 01.10.2014 and he has already completed the course, the college-respondent No.3 has no objection if the interim order dated 01.10.2014 is made absolute. Heard. Considered. Recently, their Lordships have held in the case of Zaid Sheikh versus the State of Madhya Pradesh and others: Civil Appeal Nos.003847-003848-2025 (@ S.L.P. (C) Nos.4361-4362 of 2019), vide judgment dated 18.03.2025 as under:- “7. Though there can be no dispute with the proposition that fulfilling the basic eligibility for admission to a course is a sine qua non, which ought not to be overlooked or ignored, the peculiar facts of the case on hand ought to have weighed with the High Court while considering the plight of the appellant. His initial admission in the first College was in clear violation of the Madhya Pradesh Ayurveda/Unani/Homeopathy Undergraduate Entrance Examination Rules - 2008, which prescribed the eligibility condition that candidates of all categories and classes were required to have passed English as a subject in the qualifying examination of 10+2. However, the said College came to be de-recognized and all the [2025:RJ-JP:13495] (3 of 4) [CW-9172/2014] students of that College were transferred to the Shaskiya Swasashi Dhanwantari Ayurvedic Medical College, Ujjain, and the appellant was allowed to pass English as a subject in Class 12, when he was provisionally admitted by the said College. That fact ought to have been given more weightage by the High Court. More so, as the appellant had acted upon the said Allotment Letter and reappeared for the Class 12 examination, twice over, with English as a subject and had passed it. 8. Though, the interim order granted by the High Court on 30.10.2012 recorded that the appellant would not be entitled to claim equities, the fact that he was permitted to complete the entire course and had also finished part of his mandatory internship ought not to have been brushed aside lightly. Be it noted that the appellant had put in nearly 6 years by then in pursuing B.A.M.S. Degree Course and the end result of the High Court’s order was to decimate his entire labour of all those years. An act of the Court should, ordinarily, not prejudice anyone (Actus curiae neminem gravabit). This is a fundamental principle of justice, but it was disregarded by the High Court while considering the case of the appellant. In any event, the appellant's so-called ineligibility, which was not essential in the context of the course that he had taken, was cured by him thereafter owing to the liberty given by the College itself while provisionally admitting him to the course in September, 2012. Given these peculiar facts, we are of the opinion that this is a fit case for interference so that the appellant is not left out in the cold after completing almost the entire course. [2025:RJ-JP:13495] (4 of 4) [CW-9172/2014] 9. The appeals are accordingly allowed, setting aside the order dated 18.06.2014 passed by the Madhya Pradesh High Court in W.P. No. 10267 of 2012 and the order dated 01.08.2014 passed by it in Review Petition No. 236 of 2014. The appellant shall be permitted to complete his course and internship in Shaskiya Swasashi Dhanwantari Ayurvedic Medical College, Ujjain, and the authorities concerned shall thereafter issue him his B.A.M.S. Degree in accordance with due procedure.” In the backdrop of the aforesaid precedential law and taking into consideration the contentions advanced by the learned counsels for the respective parties, the undisputed fact that the petitioner deposited the admission fee with the respondent No.3- college in time pursuant to its allotment to him by the official respondents on the strength of his merit position in the PTET examination-2014, he has completed the course under an interim order of this Court, the material on record and the statement made by the learned counsel for the respondent No.3-college, the interim order dated 01.10.2014 is made absolute. The respondents are directed to issue marks-sheet/certificate to the petitioner within a period of four weeks from the date of communication of this order. The civil writ petition is disposed of accordingly. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/26