Chattisgarh High Court
Ritika Singh vs Guru Ghasidas University on 11 November, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 355 of 2021
Ritika Singh D/o Krishna Kumar Singh Aged About 19 Years R/o House No. 1090,
Colony Rti Ward No. 01, Bishrampur, District Surajpur Chhattisgarh.
---- Appellant
Versus
Guru Ghasidas University, through its Registrar, Koni, Bilaspur, Chhattisgarh
495009.
---- Respondent
(Cause Title has been taken from Case Information System)
__________________________________________________________________
For Appellant : Mr. Anshuman Shrivastava, Advocate
For Respondent : Mr. Ashish Shrivastava, Senior Advocate assisted by
Mr. Soumya Rai, Advocate
__________________________________________________________________
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Arvind Singh Chandel, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
11.11.2021
Heard Mr. Anshuman Shrivastava, learned counsel for the petitioner.
Also heard Mr. Ashish Shrivastava, learned senior counsel appearing for the
respondent.
2. This appeal is preferred against an order dated 27.10.2021 passed by
the learned Single Judge in WP(C) No.4321 of 2021, whereby, the learned Single
Judge rejected the application, being I.A. No. 01 of 2021, by means of which, the
appellant had prayed for grant of interim relief. By the said application, the
appellant prayed for a direction to the respondent-University to provide provisional
admission or to keep one seat reserved / vacant of B.Sc (Honours)-Rural
Technology / B.Sc. in Forestry.
3. The respondent - University had refused admission of the appellant
on the ground that the appellant had secured less than 50% marks in the Higher
Secondary Examination, 2020 and therefore, was not eligible to be admitted.
The stand taken by the appellant is that the appellant having taken an
examination for improvement of performance, resultantly, on the basis of better
of two marks in two examinations in the subjects concerned, her total
percentage becomes 51.6% and therefore, the plea taken by the University for
rejecting admission of the appellant is not justified.
4. Mr. Ashish Shrivastava had submitted that in the attending facts
and circumstances, Central Board of Secondary Education is a necessary party
and in absence of the Central Board of Secondary Education as party
respondent, the writ petition is liable to be dismissed, as the guidelines issued
by the Central Board of Secondary Education would come in for consideration in
the writ petition.
5. Having heard the learned counsel for the parties, we are of the
opinion that since the case pertains to refusal on the part of the University to
admit a student on a plea taken that the student does not meet the eligilbilty
requirement, we deem it proper to implead the Central Board of Secondary
Education suo moto in the writ appeal as well as in the writ petition.
Accordingly, the Central Board of Secondary Education, Shiksha Kendra, 2,
Community Centre, Preet Vihar, Delhi - 110092, is arrayed as respondent No.2.
6. Mr. T.K. Tiwari, leanred standing cousnel for the CBSE is present in
the Court and he has accpeted notice of the writ petition as well as of the writ
appeal.
7. Mr. Anshuman Shrivastava will make necessary incorporation in
the writ appeal papers and the writ petition in the cause title for imleading the
respondent No.2 - Central Board of Secondary Education.
8. It is submitted by Mr. Ashish Shrivastava that as of today, the last
date of admission for the courses for which the appellant is seeking admission,
is extended to 26.11.2021.
9. In the attending facts and circumstances, we are not inclined to
interfere with the order of learned Single Judge, but at the same time, we are of
the opinion that an early resolution of the dispute is called for, as the academic
career of a student is in question.
10. Taking that view, while disposing of the appeal, we direct the
Registry to list the case before the learned Single Judge having roster on
18.11.2021.
11. Mr. T.K. Tiwari submits that he will obtain necessary instructions
before the next date fixed. When the case is listed before the learned Single
Judge, Registry will reflect the name Mr. T.K. Tiwari in the cause list.
12. The writ appeal stands disposed of with the aforesaid directions.
Sd/- Sd/-
(Arup Kumar Goswami) (Arvind Singh Chandel)
Chief Justice Judge
Chandra
