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2022 DIGILAW 506 (CHH)

Surbhi Madaria D/o Vijay Lal Madaria v. State of Chhattisgarh

2022-11-11

ARUP KUMAR GOSWAMI, SANJAY AGRAWAL

body2022
ORDER : 1. Heard Mr. Praveen Das, learned counsel, appearing for the petitioner. Also heard Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondents. 2. On the last occasion, when the case was listed on 09.11.2022, Mr. Gagan Tiwari, learned Deputy Government, appearing for the respondent had prayed for taking up this case today. Accordingly, the matter is listed today. 3. Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondents submits that Mr. Tiwari is having some inconvenience to appear today and that he is appearing in this matter and is having full instructions. 4. The petitioner belongs to the other backward class (for short, the OBC) category. She being eligible for MBBS/BDS course, had applied online for National Eligibility-cum-Entrance Test (UG) 2022 (for short the NEET) examination. The petitioner obtained 465 out of 720 marks and her total percentile was assessed as 93.584030 with All India Rank at 112430. 5. The respondent No. 1 had framed a set of Rules, namely, Chhattisgarh Chikitsa, Dant Chikitsa Avam Bhautik Chikitsa (Physiotherapy) Snatak Pravesh Niyam, 2018 (for short the Rules of 2018), for regulating admissions to the Medical Colleges, Dental Colleges and Physiotherapy Colleges. An online admission notice was issued by respondent No. 2 on 14.10.2022 inviting online applications from 17.10.2022 to 25.10.2022. 6. By paying the requisite fee, the petitioner made an online application on 18.10.2022. In the online application, the petitioner had given the list of choices of educational institutions, which reads as follows: Name of College Pref. No. Government - Rajmata Smt. Devendra Kumari Singhdeo Government Medical College Ambikapur 1 Government - Government Medical College Mahasamund 2 Government - Government Dental College, Raipur 3 Government - Late Shri Baliram Kashyap Memorial Medical College, Jagdalpur 4 Government - Government Medical College Kanker 5 Government - Chhattisgarh Institute of Medical Sciences, Bilaspur 6 Government - Pt. Jawaharlal Nehru Memorial Medical College, Raipur 7 Government - Late Shri Lakhi Ram Agrawal Memorial Government Medical College, Raigarh 8 Government - Late Bisahu Das Mahant Memorial Medical College Korba 9 Government - Bharat Ratna Late Shree Atal Bihari Vajpayee Memorial College, Rajnandgaon 10 7. On 25.10.2022, a notice was issued by the respondent No. 2 enabling the candidates by way of one-time reset application opportunity to incorporate any corrections regarding caste, category, domicile, seat, mobile number, type of course, etc. On 25.10.2022, a notice was issued by the respondent No. 2 enabling the candidates by way of one-time reset application opportunity to incorporate any corrections regarding caste, category, domicile, seat, mobile number, type of course, etc. The relevant part of the same, as translated by the learned counsel for the parties and as agreed upon by them reads as follows: “To enable the correction of aforesaid errors, one time reset application opportunity is being granted, but online fee paid earlier (Rs. Ten Thousand/Rs. One Thousand/Rs. Five Hundred) would be forfeited. However, fresh registration fee (Rs. Ten Thousand/Rs. Five Thousand/Rs. One Lac) would be required to be paid alongwith online application fee and requisite registration fee with reset application. The earlier online application would be rendered as cancelled and new online application can be filled.” 8. The said notice indicates that if the option of reset application is availed, the earlier online payment of fees will stand forfeited and the candidate will be required to make fresh payment of fees as per his category and that on submission of the said fee, the earlier application of the candidate will stand cancelled and the applicant will be required to make a fresh online application. As the petitioner wanted to alter the preference No. 3 from Government Dental College to Government Medical College, Raipur in her list of choice of educational institutions, she paid the requisite fees of Rs. 1,000/- on 27.10.2022. 9. It is stated by the petitioner in this petition that after deposit of the reset application fee, the petitioner started to fill the online application form but the process was hindered by technical fault in the network of Chhattisgarh Medical Education Council i.e. cgdme.counseling, which logged out the petitioner from the system. Despite repeated efforts to get reconnected, the petitioner remained unsuccessful and in such a predicament, she contacted the helpline number seeking requisite help in that regard. Numerous calls were made in the helpline number but without any avail. It is in that circumstance, the petitioner was unable to make fresh application form as a result of which her medical career is put to grave jeopardy. 10. Numerous calls were made in the helpline number but without any avail. It is in that circumstance, the petitioner was unable to make fresh application form as a result of which her medical career is put to grave jeopardy. 10. An order was passed on 01.11.2022 (Annexure P/1) to the effect that six candidates, as per the list enclosed, where the name of the petitioner also finds place, cannot be included in the merit list for the purpose of admission in the UG course of MBBS/BDS-2022. 11. It is in that circumstance, the petitioner has approached this Court by filing this petition under Article 226 of the Constitution of India, praying for, amongst others, quashing of the order dated 01.11.2022 and a writ of mandamus directing the respondents to admit the petitioner in MBBS/BDS course. 12. The petitioner, alongwith the writ petition, has annexed copies of series of e-mails sent by her indicating that she was unable to submit her reset application form. 13. During the course of hearing today, Mr. Amit Bharadwaj, Associate Professor (Pathology), Pt. Jawaharlal Nehru Memorial Medical College, Raipur, who is also a member of the Counselling Committee, is also present. 14. It is brought to the notice of this Court that the first round of counselling was over on 09.11.2022 and that second round of counselling has not begun as yet. 15. Mr. Das has submitted that the petitioner cannot be blamed for what has transpired and it is evident that despite best efforts of the petitioner, she could not submit the fresh application and therefore, orders as may be considered appropriate by this Court, may be passed treating the application which was submitted by her earlier on 18.10.2022 for the purpose of consideration of her case for admission on merit so that the career of a meritorious student is not put to peril. 16. Mr. Vikram Sharma, learned Deputy Government Advocate has submitted that though the petitioner had brought to the notice of some of the authorities regarding the difficulties that she was facing in filing the fresh application, but the same was not made to the appropriate authority and therefore, remedial steps could not be taken. 17. 16. Mr. Vikram Sharma, learned Deputy Government Advocate has submitted that though the petitioner had brought to the notice of some of the authorities regarding the difficulties that she was facing in filing the fresh application, but the same was not made to the appropriate authority and therefore, remedial steps could not be taken. 17. On a query of the Court as to whether the authorities to whom the emails were addressed, who apparently are, otherwise, connected with the admission process, had directed the petitioner to lodge complaint before the appropriate authorities, Mr. Sharma has submitted that no such steps had been taken. 18. On a further query of the Court, on instructions, Mr. Sharma submits that though in terms of the notice dated 25.10.2022, the earlier application form stood cancelled the petitioner having deposited the requisite fee for reset application, the original application dated 18.10.2022 is on record and the same has not been effaced/deleted. He further submits that if the case of the petitioner is allowed to be considered now, it may upset the counseling process that had already taken place. 19. Present is a case which would indicate that the petitioner could not submit the reset application form because of some technical difficulties which were encountered in the process as, otherwise, it is inconceivable as to why a candidate aspiring for a seat in the medical college would not deliberately fill her form after having successfully submitted the form with complete details at the first instance on 18.10.2022. Therefore, there is credence in what the petitioner says about her inability to submit the reset application. 20. In the particular facts and circumstances of the case, we are of the opinion that it will be a travesty of justice if this Court, in exercise of powers under Article 226 of the Constitution of India, does not come to the rescue of the petitioner. Situated thus, we deem it appropriate to issue a writ of mandamus to the respondent authorities to treat the application submitted by the petitioner on 18.10.2022 as a valid application for all intents and purposes and to take the same on record while proceeding with the second round of counselling. 21. Situated thus, we deem it appropriate to issue a writ of mandamus to the respondent authorities to treat the application submitted by the petitioner on 18.10.2022 as a valid application for all intents and purposes and to take the same on record while proceeding with the second round of counselling. 21. When the case of the petitioner is considered for second round of counselling, it may so happen that some candidates who had secured lesser marks than the petitioner may have got admission in the first round of counselling. We do not want to upset anything done in the first round of counselling and make it absolutely clear that all selections and admissions that have taken place in the first round of counselling shall not be in any manner altered so as not to cause any prejudice to any such candidate. 22. In the light of the above directions and observations, this petition stands disposed of.