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2022 DIGILAW 122 (CHH)

Sonal Soni v. State of Chhattisgarh

2022-03-08

ARUP KUMAR GOSWAMI, GAUTAM CHOURDIYA

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JUDGMENT : Arup Kumar Goswami, J. Heard, Mr. Rahul Tamaskar, learned counsel for the petitioner. Also heard Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondents. 2. The petitioner appeared in NEET (UG) 2021. In the first round of counseling, after scrutiny of her documents, on 09.02.2022 she was provisionally allotted a seat in Shri Shankaracharya Institute of Medical Science, Bhilai, which is a private medical college. Notice dated 05.02.2022 indicated that as per Rule 7(x) of the Chhattisgarh Medical, Dental and Physiotherapy Graduation Admission Rules, 2018 (for short, ‘Rules of 2018’), a candidate who has been allotted a private medical college, can register for second round of counseling seeking upgradation of his/her seat. For the second round of counseling, the period fixed for registration was from 09.02.2022 to 14.02.2022. The candidates were also required to deposit registration fee at the time of registration. 3. The petitioner did not register during the period from 09.02.2022 to 14.02.2022. 4. By filing this petition, the petitioner contends that she could not register in view of the fact that her grand-father expired on 09.02.2022. 5. Mr. Tamaskar submits that though a representation was submitted by the petitioner on 24.02.2022 to the respondent No.2, requesting to re-open the portal to enable her to register for second round of counseling, the petitioner was given to understand that such a course of action was not possible. 6. It is under that circumstance, the writ petition is filed with a prayer to allow the petitioner to participate in the second round of counseling for upgradation of seats and admission to MBBS Course against the State Quota seats in the State of Chhattisgarh. 7. Mr. Sharma submits that merit list of candidates for the second round of counseling was prepared on 06.03.2022. It is further submitted that registration and deposit of fees are to be made online and therefore, even if there was a bereavement in the family, nothing prevented the petitioner from registering her name during the period that was available for registration for 06 days from 09.02.2022 to 14.02.2022. Not only that, the petitioner had submitted a representation after lapse of 8 days from closure of registration and therefore, no orders, at this juncture, may be passed for accepting her registration as the same would upset the admission process. 8. We are inclined to accept the submissions made by Mr. Sharma. 9. Not only that, the petitioner had submitted a representation after lapse of 8 days from closure of registration and therefore, no orders, at this juncture, may be passed for accepting her registration as the same would upset the admission process. 8. We are inclined to accept the submissions made by Mr. Sharma. 9. Prayer made in the writ petition by the petitioner to enable her to participate in the second round of counseling for upgradation of seats and admission to MBBS course, in any event, cannot be considered unless an intending candidate registers for second round of counseling, which, admittedly, the petitioner had not done. 10. Six days’ time from 09.02.2022 to 14.02.2022 was granted for registration for the second round counseling, which cannot be said to be a very small period. Even though grand-father of the petitioner expired on 09.02.2022, there is no gainsaying the fact that time-line fixed by the authorities for admission process need to be adhered to and therefore, we are of the considered opinion that no direction can also be issued, at this juncture, for re-opening of the portal to enable the petitioner to register her name for the purpose of second round counseling. 11. In view of above, the writ petition is dismissed. No cost.