KALICHARAN Vs. PRINCIPAL DHATRI KALPAD TRAINING
LAWS(RAJ)-1981-7-14
HIGH COURT OF RAJASTHAN
Decided on July 24,1981

KALICHARAN Appellant
VERSUS
Principal Dhatri Kalpad Training Respondents

JUDGEMENT

S.K.MAL LODHA, J. - (1.) PLAINTIFF -petitioners instituted a suit for declaration to the effect that they were wrongly denied admission in the Dhatri Kalpad Training Centre, Sardarsbahar (for short 'the Centre') by non -petitioner No. 1. The petitioners filed an application under Order XXXIX Rules 1 and 2 and Section 151 CPC along with the suit praying that they should be allowed to take training at the Centre provisionally. The learned Munsif, Sardarshahar, by his order dated December 23, 1980 directed that arrangements may be made for admitting the petitioners to the Centre according to merits. Aggrieved, the defendants went in appeal and the learned District Judge, Churu, by his order dated January 22,1981 accepted the appeal and set aside the order of the Munsif. The petitioners have filed this revision petition on February 16, 1981.
(2.) ON March 3, 1981, a show cause notice was ordered to be issued to the non -petitioners. In pursuance of that, Mr. A.K. Mathur has appeared on behalf of non -petitioners No. 1 and 2. On May 11, 1961, Mr. A.K. Mathur, learned Counsel for Non -petitioners NO. 1 and 2 filed an application under Section 151 CPC supported by affidavit of Shri Purshottam Sharma, in which, it was inter -alia, stated that academic session in regared to which, the petitioners alleged that they have not been considered is now over and that the College has been closed on May 10, 1981. Along with the application, certain copies of letters showing that the Government was moved for Increasing the seats for accommodating the petitioners were filed. On July 21, 1981, Mr. M.L. Panwar, learned Counsel for the petitioners stated that he has no objection if the documents filed with the aforesaid 'application are considered at the time of arguments of revision petition at the admission stage. Today, Mr. A.K. Mathur, learned Counsel for non -petitioners No. 1 and 2 has filed true copy of the reply filed by non -petitioner No. 1 to the application for grant of temporary injunction in the trial court. Mr. ML. Panwar, learned Counsel for the petitioners stated that he has no objection if this reply is also considered for disposal of the revision petition. It was stated by Mr. A. K. Mathur, learned Counsel for non -petitioners No.l and 2 that academic session for the year 1981 -82 has commenced from July 8, 1981. This is not disputed by Mr. M.L. Panwar, learned Counsel for the petitioners.
(3.) HAVING heard Mr. M.L. Panwar, learned Counsel for the petitioners and Mr. A.K. Mathur, learned Counsel for non -petitioners No. 1 and 2 and after considering the submissions made by them, I have reached the conclusion that no ground for interference with the order under revision is made out.;


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