PREM ADHAR GAUR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1994-8-61
HIGH COURT OF RAJASTHAN
Decided on August 04,1994

Prem Adhar Gaur Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

P.K.PALLI,J. - (1.) THE case has a chequered history and this petition is the third attempt in the series seeking the desired relief. Non -coordination between the different wings of the State has led to not only confusion but have left the petitioners high and dry on the crossings. It is really unfortunate and sad state of affairs as the facts hereinafter detailed would reveal. The State and its functionaries have been playing with the career of the petitioners who are students and this has happened because of the absence of coordination between the various wings functioning in the irrespective fields. A total non application of mind, lack of thinking and coordination has resulted into a mess for which the respondents have to blame only themselves.
(2.) THE petitioners and those mentioned in the shcedule -A annexed to the petition are similarly circumstanced. These persons not only pursued the studies together but also took up examination held by the Board of Secondary Education and therefore the prayer is that they too be granted same relief in this petition. The Public Charitable Trust known as Sahara Educational Trust, Didwana (hereinafter referred to as Trust) was constituted for the purpose of running educational courses in the year 1988. Vide letter dated 18th July, 1989 (Annx. 1) the Government of India advised the State Governments to open their avenues for vocational education covered under the Apprenticeship Act. The Trust volunteered to provide such a training and applied to the State Council of Rajasthan seeking permission for such a course from the session 1989 -90. It is not disputed that the Government of India has granted approval for starting vocational course in four subjects, viz., (i) Cooperative; (ii) Library and Information Science; (iii) Pharmacy and (iv) Nursing. It was said that the State Government shall not provide any aid to the Trust and the Trust shall obtain the recognition from the Board of Secondary Education, Rajasthan, Ajmer. On 10th August, 1989, the Education Department wrote a letter to the Trust, that is Annexure 3 on record, desiring the Trust to start the courses and intimate by 30th August, 1989 and information be also sent to the Education Board, Ajmer. The Trust, after making proper arrangements admitted 120 students in Pharmacy and Nursing subjects, the petitioners and those mentioned in Schedule A are from amongst those 120 students.
(3.) ON 5th August, 1989 the Board of Secondary Education, Rajasthan, Ajmer (hereinafter referred to as the Board) addressed a letter to the Officer on Special Duty, Education Department that it will take time to prepare the syllabus for the courses of Pharmacy and Nursing and the same shall be sent to the institutions as soon as the same is prepared. This letter is Annexure 4. This is again not disputed that the Government had granted permission to the Trust to start the courses for Pharmacy and Nursing. On 6th November, 1989 it was again reported that the syllabus had not been prepared by the Board. The courses should not be started and if started the information be given to the Government. This is Annx. 5. On 16th November, 1989 a request was made by the Government to the Board to prepare the syllabus so that courses could be started from 1990 91. This letter is Annexure 6.;


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