LAXMI NAYAK Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-1-53
HIGH COURT OF RAJASTHAN
Decided on January 21,2013

Laxmi Nayak Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) THE petitioner has filed this writ petition seeking admission in BSTC, 2009 course and she deposited the fees for such admission vide Annex.3 dated 07.09.2003 of Rs.2,000.00. The cut off date for such deposit of admission fees was 28.09.2009 and admittedly the fees in question was deposited belatedly.
(2.) LEARNED counsel for the respondents, Mr. S.G. Ojha, also disputed that though her name was not in the list of admitted candidates, the petitioner somehow managed to deposit the fees, which the respondents never accepted and, therefore, the question of giving her admission to the said BSTC Course of 2009 now at this stage does not arise. He also submitted that the said Course is of two years only, which period has already been now over and the present writ petition has become infructuous. Learned counsel for the petitioner, Mr. H.R. Chawla, however, submitted that since the petitioner stood in the merit and S.B. Civil Writ Petition No.10430/2009 Ms. Laxmi Nayak Vs. The State of Rajasthan & Anr. she deposited the fees, she was entitled to admission to the said Course.
(3.) BE that as it may, by sheer efflux of time, the course in which the petitioner has sought admission, BSTC 2009 is now over, therefore, no relief as sought can be granted to the petitioner in the present writ petition. So far as the fees alleged to have been deposited by the petitioner and which is lying with the respondents, is concerned, the same deserves to be refunded back to the petitioner, which may be now refunded, if not already refunded.;


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