'h ^-.-;n\S! .'? •^''\[^'i5'^ !1»SII( IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) No. f.? / 2-/2009. Petitioner: o-^ .'£^"^, .^^s>^^ S1? . l>yv~u?>°'- \y~'/ Respondents: 1. 2. Purnesh Sahu, S/o Shri Parmatma Ram Sahu, aged about 25 years, Resident of near Cooperative Bank, Andrews Ward, daupara Mungeli, District Bilaspur (CG). Vel-sus State of Chhattisgarh, through the Secretary, Department of Health, Mantralaya, D. K. S. Bhavan,) Raipur (CG). The Director, Ayurved, Behind Mantralaya DKS Bhavan, Old Nurses Hostel, Raipur (CG). WRIT PETITOIN UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. '•;:::r'""'t >ii,, Xjtl^—78 ^••'Sfffi^ ^' .,,-y ~%^ 371^1 3^ T?S!T^ T'yi sn^i'spro; ^53 ^II^M^, 's^fRpre, 1^fR?y 3lR?I'<PW(4°<tA^tt) wnwWCTWCT gip?ferih '>!pwff 3 fest -rfwsT; ^ifiRnan^ DIVISION BENCH: HON'BLE MR. DHIRENDRA IWISHRA & HON'BLE MR. R.N. CHAN&IJiAKAR^TJ Writ Pe-rttion (Q No. 1512/09 (Petition under Articlel PETmONER Versus RESPONbENTS 1. 2. 226^>fJ-he Constitytion ^fjndia) Pur|nesh Sahu, S/o Shri Parmatma Ram Sahu, ag^d about 25 years, Resident of Near Coijper'ative Bank, Andrews Ward, daupora Mu(igeli, &istrict Bilaspur (C6). State of Chhattisgarh, through Secretary Department of Health, Mantralaya &.K.S. Bhavan, Raipur (C6) The Dir'ector, Ayurved, Behind AAantralaya bKS Bhavan, Old Nurses Hostel, Raipur. 10.08.2009 Mr. Utkarsh Verma, A^ivocate for the petitioner. Petitioner is alsopresent in the Court. ', Mr. Vinay Harit, t5eputy Sovernment Advocate for the State. Heard. The petitioner has filed this petition for following reliefs:- "10.1 Quash the decision of the respondents of declaring the year 2008 as a 'Zero Year' for BAMS (Bachelor in Ayurved Medicine and Surgery). ^•.-"^ri-,^ .,^» 1 isff:~S^ s s •3SI-H&j6?; 331?" ^! f^'iN; 7"«n.swsi ^iira- 'S^ "4!'41d'4, Qfll'H-il'a, f^TRiy sn^I'qiRr (• p) wnm ^fT;? 3»R?i •^TqfeT'N•qiwfl <!'feS TT5RZR L^-, ^; aifgir snf?l 10.2 Quash the pecision of the respondents as regards treating the seleclj 10.3. Direct the r-ejspondents to allot a seat in the said college to the petitioner bs and when the said institution obtains a recognition from t|ie Union of India." Srievance of the pe' BNYS, BUMS, BHMS, BPT <& was conducted by the C.&. list asnullity after 31st October, 2008. itioner is that he participated in BAMS, B.Sc. Nursing Pre-Examination 2008, which 'rofessional Examination Board (for short 'the Board'). As per mark-sh^et issued by the Board, the petitioner was placed at Sr. No.33 in overo|ll ranking, whereas, in category ranking he was placed at Sr. No.22. H^ participated in the counseling and opted for admission in the Soverr^nent Ayurved Autondmous College, Raipur (for shor-t 'the said college'J. However, he was not given admission in thesaid college on the grounid that the seats are not available though in the prospectus issued for admission the said college was included in the schedule of the colleges foriwhich entrance examination was conducted and 55 seats were shown to| be available. On further query from the petitioner, he was informed that the Central Council of Indian Medicine did not grant permission for the relevant year for admission in the said college and accordingly, thesaid year was declared by the concerned college as 'zero year'. ' ?ww^+KfrT-'n-yu.' XI-HIS—78 3TT^TI ^T T^?^-' TSI3S^]?PlN? ~?3t •^IWW-'-f, 0ll1<4.|iS, 3y sn^i'^'R? ('^3^') ^nwaf'F'sn'w s 'SBinfepfrr 1-fFRif'q fs%I TT5R5R •SsatRn 3i!tn Mr. Verma, learned cpunsel for the petitioner submits That the petitioner participated in ejitrance examination as per advertisement issued in this regard and co^isidering that 55 seats are available in the said college. However, aftei^ declaration of result and after counseling was held the petitioner- was be given admission in the sa the said college to admit sti Snformed for the first time that he cannot [d college as the Council has not permitted (idents for the relevant.academic year and thereby the petitioner has bjeen made to loose one important year. The act of the respondents in thjis regard is casual and irresponsible and in i these circumstances, a s^'table direction may be issued to the respondents to quash the de|:ision declaring the academic year 2008-09 as zero year' for BAMS coi|rse and direct the respondents to allot a seat in the said co\\ege to th6 petitioner. 1 Mr. Harit, lear-ned coijnsel for the respondents has not disputed that the petitioner participqted fn the entrance examination as also in the counseling and opted fori admission in the said college. However, it is submitted that the M'inistry of Health and Family Welfare Department of Ayur-veda Yoga & Naturopathy Unani Siddha <& Homeopathy (Ayush), Sovernment of India , New Delhi vide its order dated 28.8.2008 (Annexure'R-1) refused permission for admission to non-graduate courses and post graduate courses being conducted in the -XI-HC—78 ..,^.-' SCt^I'^T^lW T'^TT S^^l ^£F 'TST "xil^l"!^!, (STllyis, fartl't-y CT^!'<RH?(' I?) TOnw^fetsiR?! 1 .-\--j qiiylrl'fl-T •qpRif <i fe%t ttsnSR ^sffimOT^r said college for the academjic year 2008-09 and therefore, 2008-09 was declared 'zero year' and admit students in the graduifite course in the said college. Select list prepared on the basis of entifance examination in the year 2008 was for- academic session 2008-09 tind no candidate, who was eligible for a particular academic year. We have heard learned given to the petitioner or an)j ince then permission has been accorded to admission on the basis of aforesaid select list and who could not be admitted on account of r4fusal °f sanction by. Ayush, can claim admission in the subsequent c^cademic year, as select list is prepared for counsel for the parties. In view of the undispijted facts that the admission could not be of the students, who have participated in the entrance examination f^r admission to BAM5 Course in the year 2008, as the said college wa^ not given recognition by Ayush, we are of the opinion that no relief, 'flS claimed by the petitioner by way of direction to the respondentsi, can be granted to the petitioner. There may be negligence on the pdrt of the respondents in takin9 entrance examination against 55 seati in the said colle9e for academic session 2008-09 without formally obtaining recognition from the competent authority, however, in our considered opinion the same cannot entitle -Xi-HG—78 ~3^ '*tl<41d^!, sJiTii'l1;l^, ft.tMWy 3:^Ti ^ fS'fe 'm 337^! WW ^ SiT^iiT^g? (l?!^'"?1') TCTW'Hfe WCT! •^ q^FrfcT'fN t?T^ff^ ft^t •d^i'^K ^TsiRnaniSf Sd/- Dhirendra Mishra Judge the petitioner to seek admi^sion in the subsequent academic session in the said colle9e. The petitioner is a) liberty to file appropriate proceedings before the court of com|>etent jur'isdiction for damages for any inconvenience/loss sufferec| by him due to action on the part of the respondent. With the aforesaid ol^ser'vations, the petition is disposed of. Sd/- R.N. Chandrakar Judge