RAJENDRA SAXENA, J. - (1.) THE petitioner by means of this writ petition has prayed that the respondents be directed to admit him in the S.T.C. Course for the academic session 1990 -91 or in the alternative to admit him in the next session of S.T.C, Course commencing from July, 1991.
(2.) THE petitioner passed the Senior Higher Secondary Examination, 1989(Vocational) from the Board of Secondary Education Rajasthan as is evidenced from the mark -sheet Annexure 1 and secured First Division. He is a physically disabled person as per certificate Annexure 2. He submitted his application for admission in the School Teaching Course (in short S.T.C). He was called by the Selection Committee of Smt. M.G. Bohra Government Shikshak Prashikshan, Phalodi for interview for the admission in the first year of S.T.C. for the session 1990 -91 on 26.9.90 vide interview letter dated 20.9.1990 (Annexure 3) alongwith his original certificate. It is the case of the petitioner that the said interview letter Annexure 3 which was sent by post, was delivered to him on 26.9.90 at 5 p.m. by the postal authorities as per Post Office certificate Annexure 4. In such circumstances, he could not appear before the said Selection Committee and was thus deprived from the admission without his fault. The respondents should have dispatched the interview letter to him at least a fortnight prior to the date of interview and thus, the action of the respondents has been violative of Article 14, 15 of the Constitution of India. A counter has been filed on behalf of the respondents. They have contested the writ petition on the ground that the petitioner was asked to come alongwith the certificate about his Orthopedics disability issued by a Specialist in Orthopedic, but he did not appear before the Selection Committee. Moreover, the certificate Annexure. 2 submitted by the petitioner has been issued by a Civil Assistant Surgeon, and as such the said certificate is not valid. Another objection taken by the respondents is that since postal certificate has not been counter -signed by the Post Master, its genuineness is doubtful and even if it is assumed that the letter of interview was delivered to the petitioner at 5 p.m. on 26.9.1990, he ought to have appeared before the Selection Committee on the next day. It has also been asserted that since the petitioner did not turn up in time, as per admission Rules, persons who were at seniority No. 3 and 6 and who were available before the Selection Committee were given admission.
(3.) IT may be mentioned here that this Court by its ad -interim order dated 11.12.1990 directed the respondents to provisionally admit the petitioner in the S.T.C. Course. The said interim order was confirmed by its order dated 17.7.91. In pursuance of Courts' order, the petitioner was admitted in the S.T.C. Course. He passed the First year of the said Course. He has also appeared in the final examination of the S.T.C. Course but his result has not been declared so far.;