® HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: Hon’ble Shri Justice Sunil Kumar Sinha and Hon’ble Shri Justice Radhe Shyam Sharma Present: Shri Sandeep Shrivastava, counsel for the petitioner. Shri A.S.Kachhawaha, Deputy Advocate General for the State/respondents. Writ Petition uner Article 226 of the Constitution of India d ORAL ORDER (Passed on 14th December, 201 1) ,Per Sunil Kumar Sinha, J.: Heard. 2. The petitioner appeared in All India Engineering/Architecture Entrance Examination (AIEEE), 2011. She appeared as a general category candidate and secured rank 4501 in overall ranking and rank 3472 in general category. According to Clause 2.8.1 of the Examination Directives issued by Chhattisgarh Professional Board of Examinations, the schedule for counseling and admission was / published in the newspaper and it was also uploaded on the Writ Petition (C.) No.5947 of 2011 Petitioner Rashmi Chawla, Daughter of Shri Bhagchand Chawla, aged about 18 years, resident of Shakti Medical Stores, Main Road, Nainpur, District Mandla (Madhya Pradesh) / K § versus Respondents 1. State of Chhattisgarh through the Secretary, Department of Technical Education, Mantralaya, Dau Kalyan Singh Bhawan, Raipur (Chhattisgarh) 2. The Director, Directorate of Technical Education, Raipur, Chhattisgarh £5; 2 authorised websites of Directorate of Technical Education. According to the above schedule, the registration for counseling was to be done from 10-7—2011 to 13-7—2011 and documents were to be verified from 11-7-2011 to 14—7-2011. The petitioner got her registered on 13-7-2011, but she did not appear for vermcation of the documents till it was completed on 14-7—2011. The petitioner reached to the authorities on 16-7-2011 and prayed for verification of the documents, which was denied. Thereafter, the petitioner tiled Writ Petition (C.) No.4112/2011, which was disposed of as withdrawn With the following order passed on 29-7—201 1: “Heard. Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to pursue representation dated 19.07.2011 (Annexure P-5). Permission granted. Accordingly, the writ petition is disposed of as withdrawn with the aforesaid liberty granted in favour of the petitioner.” 3. Shri Sandeep Shrivastava submits that after withdrawal of the ~ writ petition, the representation was pursued, but no action was taken, therefore, the instant, i.e., second writ petition was filed. His submission is that the action of the respondents is arbitrary and illegal, therefore, the same may be set aside and the respondents may be directed to consider the case of the petitioner for admission in engineering course. €726 3 4. On the other hand, Shri A.S.Kachhawaha, learned Deputy Advocate General for the respondents opposed this argument. He drew attention of the Court towards the contents of paragraph 3 of the reply med by the respondents. 5. Ctause 2.8.1 of the Examination Directives reads as under: “2.8.1:W%§W§%$mmwww matwwqatitmfmahwhi aawttia. 2011/Q.3Tr§§.§.3‘.—2o11 m Wait Wm mm std at Imam W$W&W€§m$am$m ammuafi$wmamm¥tmasi mm ®Wa§iwm$w$tmwwam aétsnawh§l m§wWW%mW $1 W W www.cgdteraipur.ac.in 621T www.mkci.biz/cgpet2011 1? 113i w ET W § I 3H W § Watrmaaasma‘é‘iavhmmm' I” 6. According to the said clause, the scheduie was to be dxed for counseling and verification purposes and that was to be uploaded on the websites and was also to be published in newspapers. In the present case, the notice relating to counseling was uploaded on the .websites and it was also published in the newspaper. The petitioner got her registered on 13-7-2011, but she did not appear for verification of the documents till 14-7-2011. Thus, the petitioner was on fault. ln the above facts and circumstances, if the respondents did not entertain claim of the petitioner for verification of the documents on 16-7-2011, it cannot be said that they have acted arbitrarily. / For the foregoing reasons, we do not fmd any substance in the writ petition, which is liable to be and is hereby dismissed. No order as to costs. 4 7. i 5‘ Sd/— ~S~E£Mrs ) Sunil Kumar Sinha R's. Shanna Judge Judge