RAMAWATAR MATWA AND ORS. Vs. BOARD OF SECONDARY EDUCATION AND ORS.
LAWS(RAJ)-2016-2-11
HIGH COURT OF RAJASTHAN
Decided on February 05,2016

Ramawatar Matwa And Ors. Appellant
VERSUS
Board Of Secondary Education And Ors. Respondents

JUDGEMENT

M.N. Bhandari, J. - (1.) This bunch of writ petitions involves common questions of law thus were heard together and are decided by this common order.
(2.) Learned counsel for petitioners submit that the non -petitioner -Board of Secondary Education, Ajmer issued an advertisement No. 4/2015 to invite applications for appearance in the Rajasthan Eligibility Examination for Teachers - 2015 (for short 'the REET'). The applications were to be submitted on line through "e -mitra". The required details to fillup application forms were given in the advertisement itself. The petitioners belong to rural belt thus approached e -mitra for submission of their application forms. Application forms were submitted through e -mitra, however, in few cases, fee paid to e -mitra for its onward transmission to the respondent -Board was not made. In other cases, e -mitra did not fill correct date of birth, subject, course like B.Ed. or BSTC, gender etc. In one case, receipt number of the amount earlier deposited in pursuance to the RTET -2013 was given instead of token number. It was on account of mistakes committed by e -mitra the petitioners have been deprived to appear in REET -2015, as admit cards are not generated.
(3.) In those writ petitions, fee was not transferred by the e -mitra to the non -petitioner Board and the status of petitioners application on website as on 31.1.2016 is shown to be "pending", the petitioners remained under bona fide belief that their fee must have been transferred to the non -petitioners. Due to mistake of e -mitra, petitioners may not be deprived to appear in REET -2015. It is more so when it is only a qualifying examination for the post of Teacher and will not create any right of employment. Hence, for the aforesaid reason also, petitioners may be permitted to appear in the test.;


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