OM PRAKASH MEENA S/O CHAMPA LAL MEENA v. PRINCIPAL SECRETARY OF DEPARTMENT OF MINES AND GEOLOGY
CW/15350/2025 · 2025-10-29
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44775 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44775 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:43413] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15350/2025 Om Prakash Meena S/o Champa Lal Meena, Aged About 47 Years, Resaident Of 31 Hatka Fala Dayli, Teh. Sarada, District- Udaipur, Rajasthan, 313902. ----Petitioner Versus
1. Principal Secretary Of Department Of Mines And Geology, Government Of Rajasthan, Secretariat, Jaipur 302005
2. Director Department Of Mines And Geoscience, Rajasthan Khanij Bhawan, Shastri Circle Udaipur Rajasthan, 313001.
3. Office Of Superintendent Mining Engineer, Ajmer Circle, Ajmer, Department Of Mines And Geology, Kahanij Bhawan, Ajmer, 305805.
4. Director Of Pacific Academy Of Higher Education And Research University, Udaipur 313001. (Deleted) ----Respondents For Petitioner(s) : Mr. Chain Singh Rathore Mr. Ajay Singh Rathore Mr. Vikas Meena For Respondent(s) : Mr. Rohul Lodha, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 29/10/2025
1. Considered submissions of learned counsel for the petitioner.
2. The instant writ petition is filed by the petitioner with the following prayer:-
“It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to:
1. Issue an appropriate writ, order or direction, thereby directing the Respondents No. 1 to 3 to sanction and grant the Petitioner the balance period of study leave under Rule 110 of the Rajasthan Service Rules, 1951, to enable him to
[2025:RJ-JP:43413] (2 of 3) [CW-15350/2025] complete his Bachelor of Technology (B.Tech.) degree in Mining Engineering:
2. Issue an appropriate writ, order or direction directing the Respondents No. 1 to 3 to consider and decide the Petitioner's representation dated 02.09.2024 (Annexure-6), along with his subsequent reminders, by passing a reasoned and speaking order within a time frame as may be fixed by this Hon'ble Court:
3. Issue an appropriate writ, order or direction to
Respondent
No.
4
(the University/College) to grant admission to the Petitioner in the third year of the B.Tech. (Mining Engineering) course, in continuation of the admission already granted to him, so that his studies are not further prejudiced;
4. Issue a writ of mandamus or any other appropriate writ, order or direction declaring the inaction of the Respondents No. 1 to 3 in not deciding the Petitioner's application for continuation of study leave as arbitrary, unreasonable, and violative of Articles 14, 16 and 21 of the Constitution of India;
5. Pass such further or other orders as this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case, in the interest of justice.”
3. Having considered submissions of learned counsel for the petitioner, issue notice to the respondent Nos.1 to 3.
4. Mr. Rahul Lodha, AGC accepts notice on behalf of respondent Nos.1 to 3. Office is directed to reflect his name as counsel for the respondent Nos.1 to 3.
5. The name of respondent No.4 is hereby deleted as he is a private respondent and the petitioner is free to take appropriate remedy against respondent No.4.
6. The issue revolves around sanction of study leave so as to complete the course undertaken by the petitioner, after procuring permission from Respondents.
[2025:RJ-JP:43413] (3 of 3) [CW-15350/2025]
7.
Learned counsel for the respondents suggests that the petitioner may submit a representation and the Department will decide within 30 days.
8. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 15 days raising all grounds and the respondents-Authority are directed to consider and decide the representation but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he is at liberty to approach this Court with fresh petition.
9. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J MR/38