Krishi Shikshan Association ... vs State Of Chhattisgarh
2022 Latest Caselaw 7666 Chatt

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                                                                                   NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR
                         Writ Petition (C) No. 5570 of 2022

   1. Krishi Shikshan Association Raipur Through - The Secretary Narendra
      Goutam S/o Shri V.K. Goutam, 54 Years, R/o 59 Jawahar Nagar, Durg,
      District-Durg, Chhattisgarh.
                                                              ---- Petitioners
                                   Versus
   1. State of Chhattisgarh Through- The Secretary, Agriculture Department,
      Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Distt. Raipur,
      Chhattisgarh.
   2. Indira Gandhi Krishi Vishwavidyalaya Through -The Registrar Indira
      Gandhi Krishi Vishwavidyalaya, Krishak Nagar, Raipur, Distt. Raipur,
      Chhattisgarh.
                                                                    ---- Respondents

For Petitioner : Shri Prafull Bharat, Sr. Advocate along with Shri Harshal Chouhan, Advocate.

For State : Shri Aditya Bhardwaj, Panel Lawyer. For Respondent No.2 : Shri Shashank Thakur, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board

20.12.2022

1. The instant writ petition has been filed seeking for the following relief(s):

"10.2. To issue an appropriate writ or order and declare that the suspension/postponement/abandonment of the counseling process is illegal, arbitrary, bad in law and without jurisdiction.

10.3. To issue an appropriate writ or order and direct the respondent authorities to resume, conduct and conclude the counseling process as notified on 28.09.2022. 10.4. To issue an appropriate writ or order and declare that the impugned notification dated 28.09.2022 (Annexure P/7) is illegal, arbitrary, bad in law and without jurisdiction. 10.5 To issue an appropriate writ or order order and quash the impugned notification dated 28.09.2022 (Annexure P/7) and permit the members of the petitioner to recommend the list of eligible candidates in terms of Rule 5.2 of the 'Rules of 2022' to the University for the purposes of verification and the University after verification permit the members of the petitioner to admit those students."

2. The present writ petition pertains to the admissions to the B.Sc.

(Agriculture) and B.Sc. (Horticulture) course is concerned.

3. Today when the matter is taken up for hearing, the counsel for the

petitioner submits that so far as the relief sought for by the petitioner in

Clause Nos.10.4 and 10.5 is concerned, he does not intend to challenge

the same as of now and seeks his right to be reserved to challenge the

same at a later stage.

4. As regards the relief clause Nos. 10.2 and 10.3 is concerned, the counsel

for the petitioner brought on record a judgment of the Division Bench of

this High Court in WPC No.5688 of 2022 which was filed by a bunch of

students so far as the admission to the B. Pharmacy and D. Pharmacy

Course is concerned.

5. The respondents conducted pre-counseling so far as first part is

concerned and the counseling for the second part was stalled abruptly by

the respondents vide order dated 18.10.2022 (Annexure P/9).

6. The counsel for the petitioner submits that the present writ petition

therefore would also be governed by the said order of the Division Bench

in WPC No.5688 of 2022.

7. The counsel for respondent No.2-University accepts the fact that the issue

involved in the present writ petition so far as relief Clause Nos.10.2 and

10.3 is concerned, shall be governed by the order of the Division Bench

dated 19.12.2022 in WPC No.5688 of 2022. He further submits that so far

as the University is concerned, they have already approached the State

Govt. on a couple of occasions seeking their guidelines and instructions so

far as the the applicability of the reservation policy of the State is

concerned. However, there has been no proper instructions received by

the State till date.

8. Be that as it may, on identical set of facts so far as B. Pharmacy and D.

Pharmacy course is concerned, the Division Bench of this High Court on

19.12.2022 in WPC No.5688 of 2022 in paragraph 4 has held as under:

"4. Since the winter vacation is intervening and perusal of Annexure-P/8 wherein certain news item has been published at the behest of the Counseling Incharge, DTE that after 31st December, 2022 the admission to the Pharmacy course would be declared as '0' year, therefore, without entering into such controversy of cut off date, going into merits of the issue, the facts shows considerable time has passed after the results were declared on 15-6-2022 and the notification for counseling was issued on 7-9-2022 and for the fact that there is no bar at this stage to start the counseling, the counseling may be commenced. At the later stage, if it is found that if the admissions are not materialized or completed till 31st December, 2022 and in the event the subsequent year is shown as '0' year, irrespective of the authenticity of such cut off date the passage of time shows that the considerable time has passed and the aspiration and anxiety of the students for future cannot be shelved for a time immemorial. Therefore we direct the respondents No.1 & 2 to commence counseling for B. Pharmacy and D. Pharmacy pursuant to the notification dated 7- 9-2022, in accordance with the existing law, at the earliest."

9. In view of the same, the present writ petition also stands disposed of in

terms of the operative part i.e. paragraph 4 of the order passed by the

Division Bench in WPC No.5688 of 2022. The right of the petitioner so far

as the challenge to relief clause Nos.10.4 and 10.5 is concerned, stands

reserved to be agitated at a later stage.

10. The writ petition accordingly stands disposed of.

Sd/-

(P. Sam Koshy) Judge inder