Rajasthan High Court Weekly Round-Up: February 14 To February 20, 2022

Judgments/ Orders of the Week 1. 'General Allegations Based On Newspaper Reports Won't Be A Cause For Taking Cognizance In Public Interest'; Rajasthan HC Disposes PIL Seeking Directions To Cover All Borewells In State Case Title: Air Tree Foundation Society v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 59 The division bench of Rajasthan High Court observed that mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest. This petition was filed with a prayer for direction to the respondents-state that all the borewells in the State should be covered so that through accident there is no casualty of human beings or animals. The plea was filed by Air Tree Foundation Society, through its Secretary, Shri Manish Sharma. Chief Justice Akil Kureshi and Justice Sudesh Bansal, while disposing the petition, observed, "Mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest." 2. Disputed Question Of Fact Regarding Title Of The Plot Can't Be Gone Into While Exercising Its Extraordinary Writ Jurisdiction: Rajasthan HC Disposes PIL Case Title: Balaji Nagar Vikas Samiti, Through Its President Heera Lal Kulariya v. Jodhpur Development Authority Citation: 2022 LiveLaw (Raj) 60 A division bench of Rajasthan High Court observed that the disputed question of fact regarding title of the plot in question cannot be gone into by the High Court while exercising its extraordinary writ jurisdiction. The court opined that the issues require a decision of civil court. Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed, "In this view of the matter, manifestly, the disputed question of fact regarding title of the plot in question cannot be gone into by this Court while exercising its extraordinary writ jurisdiction. The issues definitely require decision of the civil court. Hence, the civil court is required to expedite the proceedings in the pending TI application." 3. Rajasthan High Court Directs State To Grant Reservation To Transgender Persons In Public Appointments, Educational Institutions Within 4 Months Case Title: Ganga Kumari v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 61 The Rajasthan High Court has directed the state government to take steps to treat the transgender community as socially and educationally backward class of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments. The division bench of Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas has granted four months' time to complete this exercise. The development ensued in a writ petition filed by one Ganga Kumari, seeking effective reservation to the transgenders in terms of the mandate of the Supreme Court in the case of National Legal Services Authority Vs. Union of India & Ors. 4. 'Sentiments Can't Govern Judicial Discretion': Rajasthan HC Dismisses Plea Opposing Closure Of Century Old Railway School Running In Losses Case Title: Arvind Sharma v. North-West Railway and Ors. Citation: 2022 LiveLaw (Raj) 62 The Rajasthan High Court has dismissed a public interest litigation opposing the decision of the railway authorities to close down the railway senior secondary school at Abu Road, which was operating since the year 1862. Noting that the school has been running in losses due to dwindling number of students, the division bench of Chief Justice Akil Kuresh and Justice Sudesh Bansal observed, " It is rather unfortunate that the school which has been in existence since over a century, may have to be closed down. It does disturb us that in an area where educational facilities have still not fully developed to the desired extent, one public school is under closure. However such sentimental issues cannot govern our judicial discretion. The railway authority which has to run the school is in best position to decide its future. Unless the decision is shown to be malafide or opposed to any of the legal principles, the Court would not substitute its wisdom or desire for that of the authority. With a heavy heart we dismiss this petition." The Court however made it clear that the decision to close the school shall not be implemented till the end of the current academic term. 5. 'Duty To Produce Basic Proof Of Allegations Not Absolved In PIL': Rajasthan HC Dismisses Plea Alleging Govt Officials Of Embezzling Public Funds Case Title: Lakhpat Ola v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 63 The Rajasthan High Court, Jaipur has observed that in a public interest litigation, the petitioner is not absolved of producing at least a basic proof of the allegations levelled by him. A...

Rajasthan High Court Weekly Round-Up: February 14 To February 20, 2022

ANIRUDH VIJAY

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