JUDGEMENT
-
(1.) By way of this intra-court appeal, the appellant institution, said to be a teachers training college at Bharatpur, seeks to question the order dated 20.12.2013 passed by a learned Single Judge of this Court in S.B. Civil Writ Petition No. 11337/2013 (Sajal Bansal @ Sapna Vs. The State of Rajasthan & Ors.).
(2.) The relevant background aspects of the matter are that the respondent No. 4 herein, described as "Sajal Bansal @ Sapna W/o Rahul Bansal D/o Bhagwat Sharan Mittal" has filed the writ petition aforesaid stating the grievance that despite her having cleared the PTET and having been allotted the college, i.e., the appellant herein, she was not being accorded admission in B.Ed. Course with reference to the discrepancy in the name, as appearing in the educational certificates, i.e., "Sapna"; and the name in which she had taken the examination and cleared the same, i.e., "Sajal". The writ-petitioner has submitted that she had changed her name as "Sajal" from "Sapna" a few years back, made a public announcement in that regard and furnished an affidavit too. She has also referred to her Passport, PAN Card, Driving License, AADHAR Card etc., all carrying the name "Sajal".
(3.) It has also been submitted that want of gazette notification could not have deprived her of the right to pursue her studies and, in fact, she made a submission that she would be producing the official gazette notification wherefor the appropriate authorities have already been moved. It has been submitted that there was no dispute about the identity and if deprived of admission, she would suffer irreparable injury. It appears that the said writ petition remained pending for want of service on the respondents Nos. 1 & 4, the State of Rajasthan, as also, the present appellant but the matter was taken up on 18.10.2013 by a learned Single Judge and the following order was passed.
"Though the notice has not been served upon the respondent No.1 and 4, the learned counsel for the petitioner has stated the urgency and argued that though the name of the petitioner has been changed in requisite documents such as PAN Card, Passport, Driving License and Adhar Card but her name has not been changed in the educational certificates in the absence of Gazette Notification and the respondent No.4-college is not providing admission to the petitioner only on the ground that the information regarding change of her name has not been published in official Gazette.
It is also stated by learned counsel for the petitioner that the petitioner has already applied for publishing the information regarding change of her name in the official Gazette but the same has not been published by the Government. The learned counsel for the petitioner has stated that the petitioner is ready to undertake that in case the information regarding change of name is not published in the Gazette Notification within a period of two months from today the college may reject her admission.
In view of the above submission made by the learned counsel for the petitioner the respondent No.4 is directed to provide admission to the petitioner in the B.Ed. Course subject to the condition that the petitioner will furnish an undertaking to the effect that if she fails to provide a copy of the Gazette Notification declaring the change of her name, within a period of two months from the date of giving her admission the respondent-college may cancel her admission in the B.Ed. Course.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.