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2021 Supreme(Raj) 192

DINESH MEHTA
Anand Sharma S/o Sh. Harish Chand Sharma – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of College Education, Block-Iv, Registered Office- Dr. S. Radhakrishnan Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mohit Khandelwal
For the Respondents:Mr. A.K. Sharma, Sr. Advocate, through VC with Ms. Harshita Sharma Mr. Anmol Vyas Mr. Aditya Sharma

JUDGMENT :

1. The petitioner No.1 to 3 herein belong to category of Economically Weaker Section (EWS) and have secured 43.47%, 44.25% and 42.33% marks respectively in their graduation.

2. For admission in LL.B. three year course, a candidate is required to secure minimum 45% marks in graduation.

3. The Commissionrate of College Education, State of Rajasthan issued an admission policy 2019-20, according to which, the candidates belonging from SC/ST/OBC/MBC and EWS would be given relaxation of 5% in the qualifying marks for admission in the law course.

4. After promulgation of the policy, the petitioners considering themselves to be eligible for admission in law course applied for and were granted admission by the Maharishi Dayanand Law College (respondent No.3).

5. According to the petitioners, they disclosed every relevant fact, including the marks secured in graduation when the respondent -College admitted them in the LL.B. Course. It is the assertion of the petitioners that according to admission policy promulgated by the State, they were entitled for 5% relaxation in the minimum qualifying marks and hence, they were enrolled for LL.B. Course.

6. Pursuant to the admission given by the

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