Court No. - 41
Case :- WRIT - C No. - 17907 of 2019 Petitioner :- Dev Pratap Singh Respondent :- Navoday Vidyalaya Samiti And 2 Others Counsel for Petitioner :- Ray Sahab Yadav Counsel for Respondent :- Rajesh Tripathi
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, Sri Rajesh Tripathi, learned counsel for respondent nos. 1 to 3 and Sri H.N. Pandey, learned counsel for respondent no. 4.
Sri H.N. Pandey, learned counsel for respondent no. 4 submits that first of all, petitioner has filed this petition after a very belated stage as the examination in question was held on 21.04.2018 and now in April, 2019, fresh examination for admission in Class 6th has also taken place, therefore, in all eventuality, petitioner cannot be granted admission as the session in which he wants to take admission is now over. Secondly, he submits that as per Rule 2 of the Rules of Seat Allocation and Preparation of Select List for JNVST, out of 80 seats, 25% (20) seats are reserved for candidates from Urban area and 75% (60) seats are reserved for Rural area. Further, Rule 5 provides bifurcation of Rural seats and according to that seats are divided in 3 category i.e. SC seats- R1, SC seats - R2 and open merits seats will be 60 - (R1+R2) = R3. Rule 5 further provides that R3 seats are allocated to different block according to population creterion i.e. directly proportional to population of a block.
He further submits that as per averment made in paragraphs 5 and 7 to the writ petition, petitioner belongs to a different block whereas another candidate, who is alleged to obtain less mark, belongs to different block, therefore, petitioner cannot claim parity with a candidate of another block.
Learned counsel for the petitioner could not dispute this fact that examination has taken place on 21.4.2018 one year earlier and further both the candidates belong to different block.
I have considered the rival submissions made by the parties and perused the records.
Considering the facts and circumstances of the case as well as Rule 5, it is clear that seats are divided in different blocks and petitioner cannot claim parity with student of different block and further there is no dispute that as on date, session 2018-19 in which petitioner seeks admission is over and in session 2019- 20, fresh examination has also taken place for admission, therefore, no relief can be granted for session 2018-19.
Accordingly, the writ petition is dismissed.
No order as to costs.
Order Date :- 31.5.2019 Arvind