< '^- ^ul^ HISH COURT CT CHHATnSSARH AT BILASPUR Vs. Vs. .i' 24 1. Kuber Padhan, 5/o. Ramia Padhan, aqed atout years, R/o. Pt. Har-ishcnkcr Shikshc AAahovidyaloya Janjgir, District, Janjgir-Champa (C.6.) 2. Deepak Beck, S/o, John Beck, A9ed about 26 years, R/o. Pt. Harishankcir Shiksha Mahavidyaloya Janjgir, Dlstrict, Janjgir-Chunpa (C.&.) 3. 6ouran90 Sahu, S/o. Bihari Sahu, ssged about 22 yearSi R/o. Pt. Harishcinkar Shtksha Mahavidyalcya Janjgir, Distriet, Janjgir-Champa (C.&.) State of Chhattisgarh. Ihrough: Secretary, School Education, D.K.S. Bhawan, Raipur, District-Raipur (c.e.) Oirector, State Council for Education Rssearch d Trainlng, Shankar Nagor, Raipur (C.6.) ©uruShasidas University, Bilaspur (Cff) through: its Registrar, 6uru Shasidas Univer'sity. Bilaspur (c.e.) National Council for Teaciier Education-A statutory body ©overnment of India, Western Re9ion Committse, throigh: its Regional C)jr-ectQr,, Monas Bhawan, Shyam!a Hiiis, Bhopul (Madhys Pradesh) Chhattisgarh Professiona! Examination Board, through; its Chairman, Chhattisgarh Pr-ofessionai Examination Board, C/168, Taigore Nagar, Raipur &istrict Rdpur (C.6) beputy R^istrar (Examination), Suru ©hasidas University, Bilaspur (C.S.) Pt. Harishankar Educution Coliege, Janjgir, thr-ough: its Principal, Pt. Harishankar Educatlon College, Janjgir- District Janjgir-Champa (C©) 4. >/20< Sochidiinanda 6as. S/o Shri Sotyanarayan Das, aged about 30 years, Caste Cate9ory-OBC, R/o Villcge Katapali, Via-Bar-doi, Oistt. Bargar' (Orissa) 1. State of Chhattisgarh, through; Secr'etery, School Education, D.K.S. Bhaiwan, Raipur, bistrict-Raipu!- //* & \ 2. The Directo", ChhattiS9srh State Council for Educotionul Research and Traininq, Shailendra Nagar, Rdpur (C.6) 3. Suru ©hasidasUniverslty, Bilaspur (C©)through; The Registr-ar, ©uru©hasidasUniversity, Bilaspur (C.©.) 4. Dr. C.V. Raman Col!e9e of Education, Kargi Road, 2 /'"'/ c RESppNba'rrs Vs Kota, Bilaspur (C.e.1 5. ChhattiS9orh Professional Exomination Board, through; its Chairman, Chhattisgarh Professiona! Examination Board, C/168, 'Taigore Ncgar, Roipur District Roipur (C.S) iTien tt. Manoj Kumar Mohto Son of Shri Shyam Sunder Mahto, aged about 24 years, Presentiy residing at C/o Shri J.N. AAohto, Bhartiya N09?, GaK Na.5. Bifospur (C6) 1. State of Chhattisgarh, through the Secretsar/, Department of School Education, &.K.S. Bhcswan, Mantralaya, Raipur (C.©.) 2. Suru Shasi Das University, Bilaspur (C6) throi^h the Registrar, ©uru©'nasibos University, Bilcspur (C.6.) 3. The Principal, Rahaud Shikshon Samiti Rahaud (Education Co!lege), Rdiaud, Oistrict, 3'anjgir-Champa (ce) 4. The Director, Chhatti^arh State, Council for Educationat Research and Training, 5hai!sndro Nagcr, Raipur (C©) 5. Chhottisgwh Professional Examinatlon Board- Tlirough it Chuirman, Chhattisgorh Professional Examination Board, C/168, Ta9ore Nagor, Raipur (CS) Writ Petition 10 No.1594/2008 Binay Kumar Agwwa!, S/o Late Shri Ravindra Agarwa!, a9ed about 27 years, Caste Categor^ OBC, R/o Villci9a ©o!a,P.S.-SoSa, bistt. Rungarh (Jhurkhond) 1. State of Chhattisgarh, through the Secretary, OepGirtmsnt of School Education, &.K.S. Bhavan, Mantra!aya, Raipur (C.6.) 2. The Director, ChhattisgSE-h State Counci! fcr :ducationai Research and Training, Shaiienora Na9ar, Raipur (C.&.) I. ©uruShcsi &as u'niversity, through the Registrai", Suru Shasi Das University, Bilaspur (C.@.) 4. Dr. Moulana Azad College of Education, Subhash Nqar, Bilaspur (Cff) 5. Chhattisgorh Professional Examination Board- Through it Chairman, Chhattisgarh Professional Examination Board, C/168, Tagore Nagar, Raipur (C©5 •:';^^wj~~S'~St-^. 'f^\ §23/S Sfc^ 10 PEnTIONER; RESPON&ENT^ RESPON&BJ- \'s Anthres Kuiiu, S/o. Shr-i Joachim Ku!!u, aged about 31 years, R/o Village t)hin9ur Pmi, P.5.-Dhin9ur Pani, Distt. Simdega (Jharkhand) Anuj TJ99Q, S/o. Tricuis T!g9a, aged about 29 yesrs, R/o Village-Banari, P.S.-Bisunpur, bistt Sumla (Jhsrkhand) Anthres Minj, S/o. Policarp Minj, aged about 24 years, R/o Vi!lage-Rin9ni+oli. Post-Sikri, P.5.-C>ums"i, bistt. ©umla(Jhwkhand) 1. State of Chhattisgarh. through Secretary, t>epartment of School Education, &.K.5. Bhcvsn, Mantra!aya, Rcsipur (C.©.) The Dlrector, Chhattisgsrh Stote Council for :ducationa! Research and Trdning, Shuilendra Nagar, Raipur (C.6.) &uru ©hosiDas University, through the Registrar, ©urufihasi bas University, Bilcspur (C.6.) Shri Agrasen Women's Coliege, &arri Road Korba. bistt: Kkorba (C.6) Chhattisgarh Professiona! Examination Board- Through it Chairman, Chhattlsgerh Professional :xamination Board. C/168, Tagore Nagar, Raipur. A /n^ne 4. KaHashi Chandra, S/o. Shri Harjiram, aged about 28 years, R/o Viklage ©auredi Knrna, Distr-ict- Nagour (Rtyasthan) Birbai Sin9h, 5/o Shri Jogiiat Sin9h, n9ed about £1 years. R/o Village- Dhandhan. bistrict-Sikar (Rajasthm) iuresh Kumar Puniya, S/o Shri Kurda Ram Puniya, aged sbout 22 years, R/o. Villa9e- Dhandhan, blsdtrict- Sikar (Rqjasthan) Ashok Paliya, S/o. Shri Anda Run, aged about 28 years, R/o. Village-post- Kheduli, Tehsil-Medta, bistrict- Nagour (Rajasthan} State of Chhattisgarh, through Secretary, Schoo! Education bepEirtmsnt, D.K.S. Bhsvan, Manti-alaya, Raipur (C.S.) ©uruShasi Das University, through Its Rsaistrar, iilaspur (C.6.) &jrector, State Education Resecrch & Training Council, Shankor Nagar, Ruipur (C.&.) Lal Bohadur Shcshtri B.Ed. Coliege, Baloda, bistrict Janjgir-champu (C.6.) National Council for Teacher Education-A Statutory body of Sovernment of India, Western Region Committee- through its Regional birestor, Monas Bhwan, Shyamla Hills, Bhopa! (MP) ''-..^ Present: Mr. Manoj Paranjpe, Advocate for the petitioners in W.P. [c] No.1569/08. Mr. A.N. Pandey, Advocate for the petitioners in W.P. [c] Nos.1568/08, 1594/08 &1623/08. Mr. Manoj Pat-anjpe, Advocate for the petltioners In W.P. [c] No.1584/08. Mr-s. Nisha Chaturvedi, Advocate for the petitioners in W.P. [c3 No.l599/OT. Mr. Vinoy Harit, Dy. Advocate ©enerolfor the State. Mr. Ashish Shrivastava, Advocate for respondent-©uruShasidas University, Siiaspur. Mrs. Renu Kochar, Advocate for- respondent-Nationa! Counci! for Teacher :ducation, Bhopa!. Mrs. Hamido Siddique, Advocate for respondent-Chhattisgar'n Professional Examination Board, Raipur. OR ALOR6 (Passed on 31.3.2 Per Dhirendm Mishra. ii 1. Heard. 2. The common question irwolved in these petitions cre that the petitioners, who belong to scheduted caste, scheduied tribe and other backward categories and residents of other States, are pursuin9 their studies in B.Ed. course in different educationa! coileges of the State. They hwe been admitted in the said eourse ufter successfully participated in the common entrance examinatiun conducted by the State Council for Education Research ond Training (for short 'SCERT) through Chhattisgarh Professiona! Examination Board and they wsre a!!owed reiaxation of 5% in the minimum marks required in the prequaiification examination. However, the respondent-Suru ©hasidasUniversity, Bllaspur (for short 'University') has refused to issue admission cards to the petitioners on the ground that their admission to the above course by allowing reioxation of i% is illegal, as the petitioners are r-esldents of other State and therefore, they are not entit!ed for relaxation on tfie ground that they belong to scheduied caste, scheduled tribe and other backwards classes categor'ies, as the same is wailabie on!y to the candidates of the above categories who are residents of the Stute of Chh((ttisgarh. \ .-fs- '^&~K® sI•^: Lear'ned counsei for the petitioners submit that simiiar objection of Pt. Ravi Shankar Shukla University, Raipur in Writ Petition [c] No.7232/07 between Soni Rakhi Bek and others Vs. State of CS. & others and other connected petitions has been decided by this Court vide order dated 28.3.2008 and these petitlons may also be disposed in terms of the above order. This fact has not been disputed by learned counsel for the respondents. In view of the order dated 28.3.2008 passeff in Writ Petitlon [c] No.7232/07 between Soni Rakhl Bek and others Vs. State of C6. and others, these writ petitions are also allowed and it is directed that; i. respondent-©uru©hasidasUniverslty, Biiaspur shoi! not give effect to their decision communicated through their memo dated 1.3.2008 issued to the PnncipaSs of affiliated educationa! colleges regarding withholding of issuonce of admission cards so far as it reiates to the petjtioners herein. II. It is further directed that if the petitioners are otherwise eiigibie to appear in the fina! examination, they- sha!! be issued admission card for appearing in the final examination of B.Ed. course for the year 2007-08. No order as costs. Roshan/- Sd/- DhirendraMishra Judge