3 ) (y.^°)r THE OF AT (C.G.) W.P. No.....^-5.0....J20Q3 ^' ^.--^A.^:^^!^.,^-^' ,^ .^J<^ / ^>../^'~ ^^' ^'^\ .^^' '^" T. Aged 16 years Through Father & Guardian Shri T.V. Aged 47 S/0 T. RarT.llngueshwar Rao, R"0 21, Guruvihar Colony, Raipur (Chhattssaarh) ^^^??^-^'"''- ?i ^.-y" of C'nhattisgarh Through the Department of Health Fam'.ly Weifare and Educatlon Director Physio-T'nerapy Course Pt. Ralpur (Chhattissarh) D/0 Not known C./0 Dlrector Physic-Therapy Course Pt.'JNM, Raipur (Chhattssaarh) pETITiON 226 OF THE OF FOR ISSUANCE OF OF AND AND FOR : XI-HC-22 - 3:P^I'^ I^N-siil^ s^Ni^ ^^ t- "^^ ^l^ld^, 'g^^, 1^W13^ ® 3^Ti?T 'CRT^ ...^o... W^^II ^NI^b is..^o^ro5' -M 20° "IN^T' sn^I^^TWI^T 19/12/2003 Shri Anond Kumar Tiwari Shri Sanjay K. Agan^ no. 1 and 2/State. Shri Y.C. Sharma, counse By this writ petitjon und^ Indla, petltioner has chaltenge^ n not admltting p€tition| Coitege, Raipur. Tlie case of the petition& Biiaspur. She passed her l~2th y with 72% marks in Physics, recognized for the purpo^e of Course, The copy of th©mar -Gbf^{d^< "WI^f ^ 1t'c^ '^R?C ^" N^PT ^i^T counsei forthe petitioner. !, Dy. Advbcate ^nensl for the fortherespondentno.3. r Articie 226 of the Constitution of the decision of the respondent no.2 |r in the first year^ Physiotherapy Course 2003-2004 in Pandit iJawarharhi Nghru Memoriai Medica! is fhot the petitioner is resident of Jexamination in liie year 2002-2003 |Chemistry wid Bidiogy which are ^mi^ion of first year Physiotherapy |»sheet is annexed ds Annexure/P-l. The vlde newsp|^er item (Annexure P.2) invited <^s XI-HC-22 ^^r ^l^lld<Li, ^Til^4i<o, (^<yll^y 3T?^T^T f^-ii^ s^^ 5h^l<=b ^lfi<1 3Tlt^T ^S^K W^:[T^H|ch •^ 200 f^^sr' ^n^T ^IT^R'^f^T —z^- Gppiications of the dssirous afore^sid Physiotherapy C Aceordlngiy, petitioner applie wl1+iin trme. Petitioner was o petitioner in the ^s not wid thereafter 28/08/2003* and notice of t|e same was sent to the petjtioner, but that by fnc pe' the counseiing was already wi was selected and respohden counseiing on 01/09/2003 When the petitioner came to representatjon not decidf 'SFT^feRN ^1-i<yiT"^ f^Tzt^fa^< ^ 3:ri^p:f ^n^r carididatBS seeklng admission to the |ourse for the yedr 2003-2004. |d, for thc admissjon to 1+ie course |iS!ed for counseling on 11/08/2003 and ^ counseiing. However, petltioner wos [h©second counsejing was conducted on ^itioner on 05/09/2003 by which date ^r, However/in that counsciing no body t-s decided to conduct the subsequent ^or which respond^nts invited three [xmong, those, respondent no.3 was one students tetegraphi^fiy and •y \ of the cGndidates. Unfortun|ite!y, the petitione,r| was not informsd. know about that the petitsoner made a repre^ntatlon dated 15/p9/2003 (Annexure P/7). Her ^d and ncither the petitioner given XI-HC-22 ~5^ ^^noTO, ^Til^^Ko, fa^i^^<_ 3^T'^T ^ri^sTr^ $F1qWHf^T .^^ ani^r 'cra^? ^[TO^IT ^Hlch •^ 200 •I^^T' 3?n^T'^iT^ ^i^T —^? admisslon. Even though the re^pondent no.3 is having iess marks than the petitioner, she was a^mitted in the Course. Tliis has happsned on account of fau respondents in sending communi^ ty' procedure adopted by the ;ation to the candidates. It has prayed that writ of certi^rari be issued for quashing the decision whatever taken by }th@ respondents admitting the th©basls of academic tnerit in Course. Return has been fiied on 2 in which it has been mention^ y petltioner in Physiothercpy Goi| /• absoSuteiy in accordance witii {aiA| ond irregularitY warranting interfj 226 of the Constitution of India. chl^id^-l "^OT^Tf ^ ft^t ll^R^R: ^T'ST^T'311^1 respondent no.3 in ptace of 1+ie ^etitioner for the S€|atGvai!ableto the petitioner on the basis of comparative acadsmic merit Gnd respondent no.3 be directed imm^diateiy to admit the pstitloner on ths first year of Physiotherapy ^ehaif of the respondents no. 1 and d that the refusal to admit the t*^ for the year 2003-2003 is and as such 1+sere is no jlIegaEity ^rence by this Court under Artiele The petitioner was duly noticcd on XI-HC-22 -5^'^TPI'R^, ^^^ fa^t^ 3?i^r^T RytJ4) %|^T stT^i^ ^tlSo :^:- - -h 3ff^T 'q^N? ^IP^IT ^bNlch •M 200 •fgre^i' 31T^T^<fi^R^f^r -^- -wfe^-^ll^^fe^^^K i|? ^f^Fq'^1^T •tiie ^cond counseling heid on 1P./08/2003 by Under Certificate of Postmg and secondly for the coi^iseiing held on 28/08/2003. In the flrst counseitng the petitioner ^peared pursuant to the caS! letter is^ued by the Colicge. Copy of t!|ie U.P.C. dated 07/08/2003 sent to ,1 the propo^d condidates for se4ond counseling is fiied as Annexure R.L In the third counseSing ai petltioner by UPC on 21stAu9USt, Iso cai! ietter was issued to the 2003, In *h©^^con^ coun^eling th6 pctjtioner was not %iected bein^ not fluaii'fied for tfae same and In thlrd counseling the petitioner 1'lad not turned up, The altegations made in para 5.3 are denied. Ult|mately, it has been prayed that the writ petition be dismissed. I have heara leamed couns^i for theparties, Learned counsel for the petitioner sybmit^ that the petitioner / cou!d not appear in the counsellrjg held on 28/08/2003 as she had not received the cdl tetrer 05/09/2003. Thereafter, ,thl ind 1jie same was recelved on 6 respondents fixed the next XI-HC-22 3^1 ^T f<Tii?b ^ni^T WRW^f^T •T ^ "5^ ^ll^ld<Li, ^Tl1^^<o, ^<nt4li< 3^T^T XR^ 'WMr^RT^?*'*'***'***^*'*^''''''*''*****'^**^^ 2(N) '^re^T' W^F'^HStR ^rf^T 5' counssling on 01/09/2003 ir( including the respondent comrriunicating them through which oniy other three candiciates no.3 were invited for counseiing telegram whereas the pstitioner was not earller in^ two are lylng vacdnt, directed to be considered for ^Nla^in WR^Tf ^ fec£tTf^?H ^N^STI^F not communicated, By ado^ting this procedure less meritorlous student than the petjtioner, |ias been admitt-ed and pstitioner has for no fGuit of th^ petitjoner* On the ot+ier hand, S^ri ^njay K.Agrawai, &y. Advocate ^enerai submitted that since|rtie petitioner had not appeared in the counseiing dated 28/08/200p, therefore,she was not informed to appear in the counseling date^ 01/09/2003. OnEy those candidates, ted, were informed by teSegram, Therefore, no fault iies with t|ie respondents- Shri y.C. Sharma, co^nse! for the respondent no.3 white arguing the matter submrtted^hat asper hls client'S information sti!i jtherefore, If at ai! the petitionsr is Ithe said cour^ then the two seats are XI-HC-22 SII^T^T ft^ ^^ 5bH1'Gt3 '^ w ^^ ^TTqi^, ^Tll^4<<o,!^^l^^ 3H^T 'V^K ^TO^T^MI^ •M 200 •iN^ST' -STT^'g^iraT'?Tii^ r-^c aiready avaiiable and petitionei| '<»< those posts. On this, by. Advoc^' learned Dy, Advocate /Sener^l Ite ^enerai was asted to confirm and isfter inquiring from br. 5.K. Mukherjee, Director of Physio|rherapy Course/ submlts that two seats are iying vaeant because thcir admlssion and out of th^se two seats, one seat is against category and anp1+ier i^ Having h^xrd the iearnedj posltion that for the coun^iin^ had not received the call ietter meritorious candidates invi a TCJegram, as informed that th ^h1^lid4l^ ^N^If^l^sl'^I^K ^^^OT^I^T s case can be considered against wo sludents have withdrawn from against generai category, counse! for ths parties and having regard to the facts and clrcums'|Qnces of the case, it is an admitted dated 28/08/2003 the petittener 'hich was received by the petitioner on oniy on 05/09/2003 and ther^after the petitioner was not invited -> for the counseling dated 01/0( /2003 and the other three less, 'ed by communicating them through two seats are still iying vacant, I am of the opinion, In the drcu{i|stances, since two seats are jying / XI-HC^22 '3^';^T1^^^^^ ^n^T^T. t^p^ ^^-11^ ^U^CT ^ 31l^T ^S^R WR^RT^Hra? •M 280 ^re^r' ^rr^r^'^iw^afN -n . vaeant and less meritorious s-h|dent than the petitioner has already been admitted to the Cows4. In the circumstcmces, I deem it appropriGte to direct the resp^ndent no.2 to consider ^\e co.ss. of the petitioner against the denied consideration for admisfeion on account of no fault on her part. In the resuit, the petlti^ Is ajjowed and it is directed that the respondent no.2 to consid^r the eas© of the petitionep for admission to fne Physiofnerapy eariyas posSibie. Certified copy as per ryle ^Rt^iN 'Wf^t -^ fe(€tiN^R ^ ^N^r ^SR^F lylng vacant as petitioner has [Course for the year 2003-2003, as Sd/- L.C. Bhadoo Judge 11cft^"^I^