DEEPAK GUPTA S/O LATE SHRI PRAHLAD RAI GUPTA v. THE STATE OF RAJASTHAN
CW/13177/2025 · 2025-09-19
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49607 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49607 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:38508] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.13177/2025
1. Deepak Gupta S/o Late Shri Prahlad Rai Gupta, Aged About 55 Years, R/o Urban C-6/102, Kamal Apartment, Ram Mandir Road, Banipark, Near Railway Station, Jaipur Heritage, Ward No. 36, Jaipur.
2. Shri Ritesh Lamba S/o Late Shri Darshan Lal Lamba, Aged About 58 Years, R/o Urban C-65, Mother Teresa Nagar, Ground Floor, Gatore Road, Jaipur (Greater) Ward No. 107, District Jaipur.
3. Anil Kumar Jain S/o Mohanlal Jain, Aged About 55 Years, R/o Indra Colony, Devipura Kothi, Ward No. 29, Sikar, District Sikar. ----Petitioners Versus
1. The State Of Rajasthan, Through Principal Secretary, Higher Education, Government Secretariat, Jaipur.
2. The Commissioner Of College Education, Block-Iv, Radhakrishnan Shiksha Sankul, Jln Marg, Jaipur.
3. The Joint Director, Higher Education, College Education, Jaipur.
4. The Chief Account Officer, College Education, Jaipur. ----Respondents For Petitioner(s) : Mr. Dharmendra Sharma For Respondent(s) : Mr. Aditya Singh, Dy. GC JUSTICE ANOOP KUMAR DHAND
Order 19/09/2025
1. A technical objection has been taken by the respondent- State that the instant writ petition has been preferred by the petitioners, i.e., the parents of the students, who are studying in abroad. Learned counsel submits that all the students, i.e., sons of
[2025:RJ-JP:38508] (2 of 2) [CW-13177/2025] the petitioners are major and without getting their Power of Attorney, the instant writ petition has been submitted straightaway.
2.
Learned counsel for the respondents further submits that the writ petition on behalf of the major persons cannot be filed by their guardian or parents. Learned counsel submits that it is only the major persons, who is suppose to file the writ petition at their instance or through their Power of Attorney, but in the instant case, neither the writ petition has been filed by them nor any Power of Attorney has been issued by them in favour of the petitioners authorising them to litigate their matter before this Court, hence, this writ petition is not maintainable.
3. At this stage, learned counsel appearing for the petitioners wants to withdraw the present writ petition with liberty to file fresh, either after getting Power of Attorney or by original persons.
4. Accordingly, the writ petition is dismissed as withdrawn with the liberty aforesaid. Stay application as well as all applications (pending, if any) also stand disposed of.
(ANOOP KUMAR DHAND),J Karan/18