Chattisgarh High Court
Chhattisgarh Kamdhenu University vs Shilpa Chouhan on 20 March, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WA No. 189 of 2025
1 - Chhattisgarh Kamdhenu University, Through Its Registrar, Anjora, District
Durg (C.G.) (Respondent No. 5)
2 - The Registrar, Chhattisgarh Kamdhenu University Anjora, District Durg,
Chhattisgarh. (Respondent No. 6)
--- Appellant(s)
versus
1 - Shilpa Chouhan W/o Shri Harsh Raj Chouhan Aged About 36 Years
Working As Assistant Veterinary Field Officer, Posted At- Office Of Veterinary
Hospital, Gokul Nagar, Rajnandgaon (C.G.), R/o House No. K-7, Riddhi Siddhi
Colony, Phase-Ii, Rajnandgaon, District- Rajnandgaon, Chhattisgarh.
(Petitioner)
2 - State Of Chhattisgarh Through Its Principal Secretary, Department Of
Livestock And Development, Mahanadi Bhavan, Atal Nagar, Nava Raipur,
District- Raipur (C.G.) (Respondent No. 1)
3 - Under Secretary, Department Of Livestock And Development, Mahanadi
Bhavan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) (Respondent No. 2)
4 - The Director Department Of Veterinary Science, Ground Floor, Block- Iii,
Indravati Bhavan, Atal Nagar, Nava Raipur, District- Raipur (C.G.)
(Respondent No. 3)
5 - The Deputy Director, Veterinary Services, District- Rajnandgaon (C.G.)
(Respondent No. 4)
--- Respondent(s)
(Cause Title taken from Case Information System)
Digitally
signed by
VEDPRAKASH
DEWANGAN
For Appellants : Mr. Ali Asgar, Advocate
For Respondent No. 1 : Mr. Sunder Lal Sahu, Advocate on
behalf of Mr. Manish Nigam, Advocate
For Respondents/State : Mr. Shaleen Singh Baghel, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
20/03/2025
1. The matter was listed for orders on I.A. No. 1 of 2025, application for
condonation of delay in filing the present appeal. On due consideration,
the same is allowed, and the delay of 44 days in filing the present
appeal is condoned.
2. The appellants have filed this writ appeal against the order dated
25.11.2024 passed in WPS No. 4757/2024 and other connected
matters, and the order dated 03.12.2024 passed in Review petition no.
280/2024 (Mrs. Shilpa Chouhan v/s State of CG & Others), by which
paragraphs 16, 17, 18, 19 and 22 have been modified, and the
academic session of 2024-25 is added.
3. Brief facts of the case are that respondent No.1 filed a Writ Petition (S)
No. 4757/2024 challenging the orders dated 12.10.2020, 03.12.2020
and 20.06.2024, whereby the application of respondent No. 1 for
pursuing B.V.Sc. & AH Course as a departmental candidate was
rejected. The appellants filed their reply and submitted that registration
for the seats commenced on 13.09.2024, and the last date of
counseling was 30.09.2024. The academic session has commenced.
Hence, the learned Single Judge passed an interim order reserving a
seat for respondent No. 1. After hearing the parties, the learned Single
Judge allowed the petition on 25.11.2024 and, as an exceptional case,
allowed them to take admission in Academic session 2025-26. The
review petition was filed by respondent No.1. in which prayer was made
that as the academic session for 2024-25 has just begun, hence he
may be allowed to take admission in the current session. The learned
Single Judge on 03.12.2024, after considering the fact that VCI has
extended the last date for admission to 15.11.2024, the review petition
was allowed, and the writ petitioner was allowed to take admission in
the current academic session, i.e. 2024-25. As per the order dated
03.12.2024, the State Govt. was to relieve the candidates within 10
days so that they can join the course but they have not yet approached
the University with the requisite documents and permission from the
Employer and the State Govt. preferred Writ Appeal against the
petitioner and remaining three candidates. The W.A. No. 77/2025 has
been rejected by the Hon'ble Court vide order dated 04.02.2025. Now,
after so much delay when the course began in the month of September
2024, whenever respondent No.1 approaches (uncertain), the
University is in compliance with the order dated 03.12.2024 grants
admission to them, then the students will not cope with the studies, and
moreover the first assessment has already been completed in the first
week of January 2025. The delay caused in the litigation will hamper
the studies along with the protocol of admission maintained by the
University. VCI has also maintained strict rules regarding the last date
of admission. The appellants, looking to the situation, filed the M.C.C
Petition before this Court for modification of the order for admission in
the Academic session 2025-2026 looking to the delay on the part of
relieving of respondent No.1 by Respondent/State. The said matter
came to be heard and dismissed on 25.02.2025 in M.C.C No. 183/2025.
Initially, a Review petition was filed, but as per the provision of CPC
second review is not maintainable hence, it was converted into M.C.C.
In the said situation, the appellants herein have preferred this present
appeal.
4. Learned counsel for the appellants submits that the University is ready
to abide by the directions of this Court in granting admission, but due to
delay, the admission be granted in the next Academic session, i.e.
2025-26. Further, the order dated 03.12.2024 needs to be set aside and
respondent No. 1 is permitted to be given admission in the next
academic session of 2025-2026 instead of 2024-2025 as per the earlier
order dated 25.11.2024. The same order was passed in WPS No.
5413/2020 on 27.07.2021. The said order is very much necessary for
the proper course to be studied by candidates & discipline of admission.
Moreover, it is in the interest of candidates as they can effectively
participate in the entire session from the beginning. Every Veterinary
college in India has to abide by the rules and regulations of the
Veterinary Council of India. The Last date of admission for B.V.Sc.&
A.H. degree program is 30th September of every year as per the
Minimum Standards of Veterinary Education (MSVE), 2016. Further, the
last date of admission was extended to 15 th November, 2024 by Govt.
of India, Ministry of Fisheries, Animal Husbandry & Dairying,
Department of Animal Husbandry & Dairying, New Delhi, for the
academic session 2024-25 vide letter dated 28.10.2024. Also, the last
date for admission is already over much earlier, and the appellants have
to maintain some discipline as per the guidelines issued by VCL. It is
further submitted that while considering the matter, this Court may also
take into account the guidelines/notifications issued by the Veterinary
Council of India (VCI) and the Animal Husbandry Department (AHD),
Government of India, as they provide crucial clarity on the issue at
hand.
5. On the other hand, the learned counsel for respondent No.1 opposes
the submissions made by the learned counsel for the appellants and
submits that the State has yet not relieved respondent No. 1, due to
which, he could not take admission in the 2024-25 batch. Further, they
have also filed a contempt petition against the respondents/State for
non-compliance with the order impugned herein.
6. Learned counsel for respondents/State submits that they would be filing
a Special Leave Petition before the Hon'ble Apex Court challenging the
judgment dated 04.02.2025 passed in WA No. 77 of 2025 by this
Bench.
7. We have heard learned counsel for the parties and perused the
impugned order and other documents appended with the writ appeal.
8. From the perusal of the impugned order, it transpires that the learned
Single Judge allowed the review petition modifying the impugned order
dated 25.11.2024 passed in WPS No. 4757 of 2024 and other
connected matters observing that the writ petitioners wanted to take
admission in the degree courses of B.V.Sc. & AH for the present
academic session i.e. 2024-25, but due to inadvertence, the exact
academic session could not be mentioned in the order dated
25.11.2024 and concluded that paras No. 16, 17, 18, 19 and 22 shall be
replaced as follows:-
"PARA 16:
"At this juncture, learned counsel appearing for the
University submits that the academic session for
which the admission has been obtained by the
petitioners has already commenced in the last week
of September, 2024. He further submits that
petitioners have to accord permission from the State
Government to take admission in this academic
session."
PARA 17:
"At this juncture, learned counsel for the petitioners
makes a request for letting the petitioners' admission
may be considered for the present academic session
i.e. 2024-25 and has prayed before this Court for
appropriate reliefs to that extent."
PARA 18:
"Taking into consideration the submission made by
the counsels appearing on either side, particularly the
contention of the counsel for the University to the
effect that session has just began in the last week of
September, 2024 and internal assessment is
scheduled in the first week of January, 2025, it can be
held that the petitioners tried to obtain permission to
participate in the degree courses for the academic
session 2025-25, but because of the high-handedness
and arbitrary action on the part of the respondents,
they could not join the course despite being
meritorious and having obtained admission."
PARA 19:
"It is for the reasons that this Court considers the
issuance of an appropriate direction to the
respondents for accommodating the petitioners for
the B.V.Sc. And AH courses in the present academic
session i.e. 2024-25. Mr. Asgar has informed this
Court that Veterinary Council of India (VCI) had
extended the last date of admission up to 15 th
November, 2024 and petitioners have to accord
permission from the State Government to take
admission, therefore, State is also directed to issue
the requisite permission preferably within period of 10
days from today."
PARA 22:
"This Court is of the view that petitioners have been
wrongly deprived admission in the B.V.Sc. And AH
courses in the academic session of 2024-25 and be
admitted in the present academic session i.e. 2024-25
itself. Further, respondent-University is also directed
to take all necessary steps to accommodate
petitioners in B.V.Sc. And AH courses in the present
academic session i.e. 2024-25."
9. Considering the submissions made by the learned counsel appearing
for the parties and the impugned order passed by the learned Single
Judge, we notice that the same has been rendered with cogent and
justifiable reasons. In an intra-court appeal, no interference is usually
warranted unless palpable infirmities are noticed on a plain reading of
the impugned order. In the facts and circumstances of the instant case,
on a plain reading of the order, we do not notice any such palpable
infirmity or perversity. Further, considering the fact that WA No. 77 of
2025 filed by the State has already been rejected by this Bench vide
order dated 04.02.2025 and a contempt petition has already been filed
by respondent No. 1 herein against the respondents/State for not
complying with the orders impugned herein and also in view of the order
dated 10.03.2025, passed by this Court in WA No. 168 of 2025
(Chhattisgarh Kamdhenu University and Another v. Vandana Tandan
and Others), we are not inclined to interfere with the impugned order.
10. Accordingly, the writ appeal being devoid of merit is liable to be and is
hereby dismissed. No cost(s).
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
ved
