KANCHAN DHAKA Vs. COORDINATOR B.S.T.C.
LAWS(RAJ)-2012-9-188
HIGH COURT OF RAJASTHAN
Decided on September 27,2012

Kanchan Dhaka Appellant
VERSUS
Coordinator B.S.T.C. Respondents

JUDGEMENT

- (1.) MR . G.R. Punia, Sr. Advocate and Addl. Advocate General with Mr. Rajesh Punia appears for the respondent No.1 and Mr. Mohan Lal, Principal of the Indian Public Primary Teacher Training College, Jhunjhunun is present in person. Therefore, service is complete. Having regard to the circumstances of the case and short point involved, the petition has been considered finally at this stage itself. The grievance of the petitioner in the present matter is that though she has been admitted to the B.S.T.C. Course but she is a lone lady and is entitled to be considered for transfer to a college near to her place of residence but her prayer for transfer is not being considered, though she had always been desirous of undertaking the course and had indeed deposited the initial registration fees of Rs.2,000.00 on 22.06.2012.
(2.) THE Principal of the college concerned present in person submits that the petitioner has never joined though admits that 4 seats are yet vacant in his college. The learned Addl. Advocate General Mr. Punia submits that the petitioner having not even joined, her case could not have been considered for transfer. It appears from the documents placed on record and the communications as addressed by the petitioner that she had been regularly making requests for consideration of her difficulties and while standing on such propositions, did not join at the college concerned. The learned counsel Mr. Choudhary on instructions submits that the petitioner is ready to report to the college of the respondent No.2 tomorrow itself with deposition of requisite fees, but her case may be considered for transfer because such transfers are permitted by the Government only until 30th instant. Having regard to all the facts and circumstances, it appears to be in the balance of equities that after condoning the delay on her part, the petitioner be permitted to join with the respondent No.2 college while leaving it open to respondents to consider her case for transfer in accordance with law on the basis of representations already made by her. Accordingly, this writ petition is partly allowed in the manner and to the extent indicated. The petitioner shall report for joining to the Principal of the Indian Public Primary Teacher Training College, Jhunjhunun tomorrow, i.e., 28.09.2012 and shall deposit the fees and charges as required. Upon the petitioner carrying out compliance, the respondent No.2 shall immediately inform the respondent No.1 about the fact of her joining and upon receiving such information, the respondent No.1 would be expected to take appropriate decision objectively and dispassionately on the prayer for transfer as made by the petitioner. No costs.;


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