- (1.) The petitioner-plaintiff is aggrieved by the order dated 18.2.2014, passed by the Addl. Civil Judge (Jr. Div.) No.2, Jaipur Metropolitan, Jaipur whereby he has dismissed the temporary injunction application filed by the petitioner. The petitioner is equally aggrieved by the order dated 11.3.2014, passed by the Additional District & Sessions Judge No.5, Jaipur Metropolitan, Jaipur, whereby the learned Judge has confirmed the order dated 18.2.2014, and has dismissed the appeal filed by the petitioner.
(2.) The brief facts of the case are that the petitioner-plaintiff is a Non-Resident Indian. He lives in Japan. He wanted his daughter, Priyamvada Vijayvargiya, to be admitted to Class-I in the defendant School, namely Maharani Gayatri Devi Girls' School. He submitted the requisite form. For giving admissions for 50 general seats, on 15.2.2014, the school management drew lottery. The draw of 48 incumbents were declared. As soon as the 49th slip was taken out from the box, it was declared that the name reflected from the slip relates to two twin sisters. Therefore, the 50th slip would not be taken out from the box and the process of lottery was concluded. In such circumstances, the petitioner-plaintiff filed a civil suit with a prayer to cancel the admission process and to reschedule the admission process under a legal and transparent procedure. Alongwith the suit, he also filed an application for temporary injunction. However, by order dated 18.2.2014, the learned trial court rejected the application. Being aggrieved by the order dated 18.2.2014, the petitioner filed an appeal. But the learned Judge also dismissed the appeal by order dated 11.3.2014. Hence, this petition before this court.
(3.) Mr. Madhav Mitra, the learned counsel for the petitioner, has vehemently contended that the order dated 18.2.2014 is unsustainable as the learned Magistrate is not justified in concluding that the petitioner had prayed for a mandatory injunction which could not be granted at the relevant stage of the case.;