- (1.) THE contesting respondent (writ petitioner) having appeared in caveat and looking to the subject matter of litigation, while dispensing with the service on the proforma respondents, with the consent and at the request of learned counsel for the parties, the matter has been heard finally at this stage itself.
(2.) THIS intra-court appeal is directed against the order dated 08.08.2012 as passed in CWP No. 11196/2011 whereby the learned Single Judge has allowed the petition filed on the grievance of the writ petitioner (respondent No. 1 herein) against the communication dated 20.10.2011 (Annex.7) whereby he was informed that his provisional admission to B.Tech. Course had been cancelled because the competent authority, i.e., the Board of Technical Education, Rajathan, Jodhpur had rejected his application. The relevant background aspects had been that the writ petitioner-respondent No.1, after having gone through the tests for admission in the Engineering Courses in different Institutions/Colleges under the Rajasthan Technical University, Kota, was provisionally admitted for B.Tech. (Mech.) Engineering Course with the Jodhpur Institute of Engineering and Technology (respondent No.3 herein); and he deposited the requisite fees on 20.08.2011. The writ petitioner, at the relevant time, had appeared in 10+2 Examination of the Board of Secondary Education, Rajasthan, Ajmer wherein he got supplementary in one of the optional subjects. The petitioner, thereafter, appeared in the supplementary examination and was declared pass in the result announced on 22.09.2011. The Department of Technical Education in its order dated 30.08.2011 had, however, fixed the cut-off date for completion of the admission process as 15.09.2011. Thus, the petitioner was considered having not acquired the essential qualification by the cut- off date i.e., 15.09.2011 and was informed by the communication dated 20.10.2011 about his provisional admission having been cancelled.
(3.) THE writ petitioner-respondent No.1 submitted that the admission accorded to him had been cancelled without any opportunity of hearing and even without stating any reason. The respondent No.1 further submitted that the principal reason of cancellation was that he acquired the essential qualification of Higher Secondary in 10+2 Scheme by way of supplementary examination but this could not have been a valid reason for cancellation of his admission by assuming that he had acquired the requisite qualification after the cut-off date. According to the respondent No.1, his passing the supplementary examination related back to the original result.;