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2008 Supreme(Raj) 2734

A.M.KAPADIA, DEO NARAYAN THANVI
Saraswati – Appellant
Versus
State of Rajasthan – Respondent


For the Appellants:M. Mridul, Sr. Adv. G.R. Punia, R.S. Saluja, Sunil Joshi, P.R. Mehta, Raj Kamal Soni, B.N. Kalla, Sajjan Singh, K.R. Saharan, Shamsher Singh, Ravindra Singh, K.R. Choudhary, N.R. Choudhary, P.S.Chundawat, V.R. Choudhary, Ravinder Singh, Advocates.
For the Respondents:A.K. Rajvanshy, Additional Advocate General with S.M. Toshniwal, Advocate.

JUDGMENT

1. - To what extent, the right to get further education either expressly or by implication, can be enforced being provided for under Article 41, Part IV, of the Constitution of India, later styled as "the Constitution", dealing with the directive principles of State policy, is the controversy involved in all these 117 Special Appeals arising out of the basic two judgments of the learned Single Judge, one delivered in S.B. Civil Writ Petition No. 3639/2005 "Smt. Saraswati & anr. v. State of Rajasthan & ors." with 78 other Writ Petitions and the other delivered in S.B. Civil Writ Petition No. 6115/2005 "Surajmal Katara & ors. v. State of Rajasthan & ors." with 25 other Writ Petitions, filed under Article 226 of the Constitution, both decided on 1st May, 2006.

2. Since the petitioner-appellants in all the writ petitions have questioned infringement of their fundamental rights vis-a-vis the directive principles of the State policy through the writ of mandamus in the matter of admission in the Basic School Training Course, in short "the BSTC 2005-07", therefore, all these appeals are being disposed-of by this common judgment, as the one set of petitions decided by judgment o































































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