Chattisgarh High Court
Association Of Private ... vs State Of Chhattisgarh on 20 December, 2022
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (C) No. 5163 of 2022
1. Association of Private Professional Unaided Colleges of Chhattisgarh
Office at Rungta College of Engineering & Technology, Rungta Education
Campus Kohka - Kurud Road, District Durg (C.G.) (Through Treasurer,
Shri Rajeev Gupta, S/o Shri S.L. Gupta Aged About 56 Years)
---- Petitioners
Versus
1. State of Chhattisgarh Through Department of School Education,
Mantralaya, Mahanadi Bhawan, Naya- Raipur, 492002 (C.G.)
2. State Council of Educational Research and Training Chhattisgarh,
Through Its Director, BTI Ground Shanker Nagar, Raipur 492002 (C.G.)
3. National Council of Teachers Education (N C T E) Hans Bhawan, Wing II,
1, Bahdur Shah Zafar Marg, New Delhi - 110 002.
---- Respondents
For Petitioner : Shri Kshitiz Sharma, Advocate.
For State : Shri Aditya Bhardwaj, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
20.12.2022
1. The instant writ petition is in respect of the admission to B.Ed./D.El. Ed
course.
2. The counsel for the petitioner submits that the respondents meanwhile had
conducted the first part of the second round counseling, however,
thereafter it has been abruptly stalled by order Annexure P/7 dated
12.10.2022 in the light of the judgment of the Division Bench of this High
Court in WPC No.591 of 2012 and WPC No.4665 of 2019 decided on
19.09.2022.
3. As regards the relief sought for by the petitioner 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. 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.
4. The State counsel accepts the fact that the issue involved in the present
writ petition shall be governed by the order of the Division Bench dated
19.12.2022 in WPC No.5688 of 2022.
5. 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 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."
6. 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.
7. The writ petition accordingly stands disposed of.
Sd/-
(P. Sam Koshy)
Judge
inder
