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Judgment
11 writ petitions were filed before the Jaipur Bench of this Court. The petitioners were impugning an advertisement for PreEntrance Examination
for the academic year 2018-19 for admission in Sainik School in Chittorgarh. The advertisement limited eligibility to boys only. Prayer made in the writ
petitions was that even girls be permitted in Pre-Entrance Examination.
Issue of territorial jurisdiction was raised on the plea that the territorial jurisdiction would be at the Principal Seat Jodhpur as District Chittorgarh
falls within the territorial jurisdiction of the Principal Seat at Jodhpur.
Vide order dated 05.02.2018 the learned Single Judge sustained the objection to the plea of territorial jurisdiction holding that the Jaipur Bench had
no jurisdiction to entertain the petitions and the same were dismissed.
Above captioned 11 appeals were filed before the Appellate Division Bench at Jaipur and vide order dated 26.04.2018 the direction issued was that
the appellants will approach the Principal Seat at Jodhpur and the office was directed to transfer “these proceedings†to Jodhpur. The order also
records that for statistical purpose the appeals stand disposed of.
Suffice it to state that the intention behind the order dated 26.04.2018 is to direct transfer of the writ petitions to the Principal Seat at Jodhpur for
the reason if the Court lacks jurisdiction to entertain the petitions the petitions have to be either rejected or returned for being filed in the Court of
competent territorial jurisdiction.
As per law the order dated 26.04.2018 has to be read as requiring the writ petitions to be either returned to the writ petitioners for being filed at the
Principal Seat at Jodhpur or to be transferred to the Principal Seat at Jodhpur.
We read the order to mean the latter and thus we dispose of the appeals which have been placed before us directing the Registry at Jaipur to
transmit the 11 writ petitions to the Principal Seat at Jodhpur after sending a letter to counsel for the writ petitioners seeking their concurrence for the
same. We are passing directions regarding concurrence for the reason as per the advertisement in question the Pre-Entrance Examination appears to
have been held as per the advertisement limiting the same to only boys.
The appeals are disposed of.
Copy of this order be sent to the Registrar Listing/Administration at Jodhpur.