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2025 DAILYLAW 8094 (RAJ)

SHWETA MODI D/O SHRI SATISH CHAND v. STATE OF RAJASTHAN

CW/2738/2025 · 2025-02-21

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7937] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2738/2025 Shweta Modi D/o Shri Satish Chand, Aged About 33 Years, R/o A-6, Deepak Colony, Luvkush Nagar-Ii, Barkat Nagar, Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Higher Education, Government Secretariat, Jaipur, Rajasthan. 2. Commissioner, Higher Education, Government Of Rajasthan, Shiksha Sankul, Jaipur, Rajasthan. 3. Rajasthan Public Service Commission, Through Its Secretary, Ghoonghra Ghati, Jaipur Road, Ajmer, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu Jain For Respondent(s) : Mr. Yuvraj Samant HON'BLE MR. JUSTICE SAMEER JAIN Judgment 21/02/2025 1. Learned counsel for the petitioner has submitted that the petitioner has filed a representation dated 12.02.2005 (Annexure- 5), stating his grievance that due to change in category, the rights and candidature of the petitioner is getting effected. 2. It is further submitted that till date, the respondents have neither permitted the petitioner to change her category nor have considered her representation. Moreover, there is a dire urgency in the instant matter, as the selection process in which the petitioner claims a seat, shall be culminated soon and third-party rights shall be created. [2025:RJ-JP:7937] (2 of 2) [CW-2738/2025] 3. At this juncture, learned counsel has placed reliance upon the ratio encapsulated in Dolly Chhanda vs. Chairman, JEE & Ors. reported in AIR 2004 SC 5043, and has made a limited prayer that the representation of the petitioner be decided in light of the afore-relied judgment or the respondents allow the petitioner to correct/change the category. 4. As learned counsel representing the respondent-RPSC has marked presence, notices need not be issued. 5. In light of the foregoing facts and circumstances if the present petition, and taking note of the limited prayer made by the counsel representing the petitioner, this Court directs the petitioner to file a representation before the competent authority, stating her grievances qua change in category, within a period of three days from passing of this order, and the respondents are directed to consider and adjudicate the said representation, filed by the petitioner, within an upper limit of ten days from the date of receipt of the same, by way of a speaking order, strictly in accordance with law. 6. Accordingly, the present petition is disposed of with the aforementioned directions. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J Sunita/197