HEMANT KUMAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2012-5-157
HIGH COURT OF RAJASTHAN
Decided on May 01,2012

HEMANT KUMAR Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) HAVING waived the defects and allowed the restoration application No.397/2011 restoring the writ petition to its original number, I have heard the counsel for the petitioner.
(2.) PURSUANT to the Joint Entrance Test 2010-11 Pre P.G. Examination, the petitioner sought admission to 1st year B.Sc. (Agriculture) for the academic session 2011-12. The facts of the case are that after passing the Sr. Secondary Examination, the petitioner submitted a form for appearing in the Joint Entrance Test-2010-2011 for seeking admission under Pre-P.G. Rajasthan College of Agriculture (Udaipur), 313001. The petitioner appeared in the said examination and obtained 68th position. The petitioner on declaration of the result and receipt of his mark-sheet was required to submit his Senior Secondary marks-sheet along with a hard copy of his option form as also a D.D. for Rs.5,000/- in the office J.E.T. / Pre-PG Rajasthan College of Agriculture (Udaipur) on or before 30.06.2011. The case of the petitioner is that after having passed the Joint Entrance Test, he sent all documents as required along with DD of Rs.5,000/- by ordinary post to the respondent No.3, the Coordinator, J.E.T. / Pre-PG Rajasthan College of Agriculture (Udaipur). It is submitted that in spite of his merit and compliances as required subsequent to his having passed the Joint Entrance Test, the petitioner was not called for counseling. On contacting the office of the respondent, he was informed that the requisite documents had not been received from the petitioner by 30.06.2011 and consequently the petitioner could not be considered for admission to the course in spite of his performance in the Joint Entrance Test-2011. In the above circumstances, the petitioner has approached this Court by way of the present writ petition. I have heard the counsel for the petitioner and perused the writ petition. From the facts on record, it is evident that the petitioner was unable to comply with the requirement of the respondent No.3 that hard copy of option form along with DD of Rs.5,000/-, copy of 12th mark-sheet and other documents reach to the office of the Coordinator, Joint Entrance Test (JET)-2011 / Pre P.G., Rajasthan College of Agriculture, Udaipur on or before 30.06.2011. The petitioner admits to this fact in the writ petition itself. On the face of the facts on record, the petitioner was rightly not considered for allotment of a college as the requisite compliances had not been made by him. The petitioner's merit was to be evaluated and the college were to be alloted to him only subsequent to the receipt of the documents stated above of which requirement the petitioner was notified even as a footnote to the mark-sheet issued to the petitioner. It is trite that the postal department is not an agent of the respondents and the negligence / delays of the postal department cannot be to the account of the respondent. It was for the petitioner as the prospective candidate to ensure that all compliances were completed by 30.06.2011 and the petitioner should have been more vigilant in the discharge of his obligations even if entailed dispatching the documents through a personal messenger to ensure that they were delivered to the Coordinator, JET-2011 by 30.06.2011. External vigilance is the price to pay for safeguarding and enjoyment of rights. Apart from the merit of the case, almost a year has elapsed since the admission to B.Sc. (Agriculture) 4 year course made on the basis of merit in the Joint Entrance Test held in 2011, I am of the view that no order can be passed by this Court to allow the admission of the petitioner at this belated stage. The first year studies must have been already completed and the petitioner has obviously not been able to participate in the studies for reasons of his non-admission which is entirely attributable to his own negligence or casualness in not complying with the requirement that his option form along with DD of Rs.5,000/-, copy of 12th mark-sheet and other documents were to be received by the respondent No.3 by 30.06.2011.
(3.) FOR the reasons stated above, I find no force in the writ petition and the same is dismissed as such. Stay application is also dismissed.;


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