ORDER : Arvind Singh Chandel, J. 1. The instant petition has been preferred by the petitioner seeking the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 10.2 That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned cancellation of admission form (Annexure P/1) and further be pleased to direct the respondent authorities to allow the petitioner to complete the course and to appear in the examination of Bachelor of Engineering/Technology (B.E./B.Tech) course in the respondent no.3 College, in accordance with law. 10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.” 2. It is the case of the petitioner that after passing examination of 12 standard, he participated in first phase of counselling for the course of Bachelor of Engineering/Bachelor of Technology (B.E./B.Tech.) for the academic session 2020-21. After documents verification, he obtained admission in respondent 3/college for which the requisite fee was also deposited through a challan and he was attending the online classes without any interruption. Suddenly, his admission is cancelled vide Annexure P1 dated 19.11.2020 without issuing him any notice and affording any opportunity of hearing. Hence, this petition. 3. In their reply, the respondents/State submit that the Admission Rules for Technical Institute’s of Chhattisgarh, 2020 (henceforth ‘the Rules of 2020’) have been framed and are made available to all the technical institutes and candidates seeking admission in technical and professional courses in the Chhattisgarh State. The said rules govern the entire admission procedure with respect to technical and professional courses including B.E./B.Tech. Rule 8.4.8 of the Rules of 2020 specifically prescribes that if any candidate has been allotted a seat in a course/institute in the first/subsequent phase and if further phase of counselling takes place, the candidate, if so desires, is allowed to participate in the counselling, but, on his/her registering for the next phase and on documents verification, the present allotment shall automatically be cancelled and that seat shall be added to vacant seats. Similarly, vide notification dated 9.9.2020, a detailed admission procedure for online counselling for the session 2020-21 has been published and uploaded in the website, wherein also Clause 26(1) deals with candidates who have been allotted seats in the first phase and have taken admission in the college. Similarly, vide notification dated 9.9.2020, a detailed admission procedure for online counselling for the session 2020-21 has been published and uploaded in the website, wherein also Clause 26(1) deals with candidates who have been allotted seats in the first phase and have taken admission in the college. Such candidates are allowed to participate in the subsequent phase of counselling if they are not satisfied with their allotted seat. However, if such a candidate gets himself registered for next phase and appears for counselling in the subsequent phase, his earlier allotted seat is automatically cancelled. The petitioner being fully aware about the admission rules, the notification and the procedure for participation, got himself registered for the first phase of counselling and was allotted a seat of his choice on merit basis in respondent 3/college and also got admission in the said college as per his allotment. Thereafter, he again got himself registered for the third phase of counselling and appeared in the counselling wherein as per his merit, he has been allotted Vishwavidyalaya Engineering College, Lakhanpur, Ambikapur as per his choice. Despite getting allotment of the seat, he did not report in the college for admission. Therefore, now, at this stage, he cannot claim any admission pursuant to his allotment of seat in the first phase as the said seat has already got vacant and has been allotted in the third round of counselling to some other candidate on merit basis. Therefore, this petition having no merit is liable to be dismissed. 4. In his rejoinder to the reply of the respondents/State, the petitioner submits that after obtaining admission in respondent 3/college, he neither registered himself for third phase of counselling nor did he appear in the said counselling. From a bare perusal of the document Annexure R3, it is evident that the name of district, name of guardian, mobile number, school name and payment mode are wrongly mentioned therein. As per the terms and conditions of the admission, if any wrong information is furnished by a candidate, the allotment/admission stands automatically cancelled. Therefore, had the petitioner obtained admission in third phase of counselling, his allotment/admission would have automatically been cancelled on account of incorrect information. 5. Learned counsel appearing for the petitioner submitted that the impugned order Annexure P1 has been passed without mentioning any reason and without issuing any notice and affording any opportunity of hearing to the petitioner. Therefore, had the petitioner obtained admission in third phase of counselling, his allotment/admission would have automatically been cancelled on account of incorrect information. 5. Learned counsel appearing for the petitioner submitted that the impugned order Annexure P1 has been passed without mentioning any reason and without issuing any notice and affording any opportunity of hearing to the petitioner. Therefore, the impugned order is not sustainable. In this regard, reliance was placed by the learned counsel for the petitioner on Kuldeep Kumar Pathak v. State of U.P., AIR 2016 SC 251 and Baswant Shankarappa Swami v. State of Maharashtra, 2009 AIR SCW 7306. It was further argued on behalf of the petitioner that this Court, vide orders dated 18.8.2021 and 23.12.2022, had directed the respondents to produce the record of counselling relating to the petitioner. But, the respondents failed to produce the said record. Therefore, an adverse inference can be drawn against the respondents. It was further argued that the petitioner did not fill up any form for third phase of counselling and some other candidate or person has done conspiracy and submitted the form on behalf of the petitioner mentioning wrong entries in the third phase of counselling. 6. Learned counsel appearing for the respondents/State submitted that the Rules of 2020 as well as the notification dated 9.9.2020 clearly describe the rules regarding allotment and cancellation of a seat and the instructions issued before the third phase of counselling also provide the same. Therefore, the petitioner was well aware of the rules regarding allotment of a seat. The contention of the petitioner that he did not participate in the third round of counselling seems to be false and vague because registration fee has been debited from the same account in both phases of counselling. It was further submitted that registration number for registration of counselling can be created only through the registered mobile number. The registered mobile number for both the phases of counselling is same. There is no allegation of mala fide against the counselling committee. The committee has also not been made a party to the instant case. As the petitioner himself did not take admission after allotment of a seat on the basis of third round of counselling, he is not entitled to get any relief. 7. We have heard the arguments raised on behalf of the parties and perused the material available with due care. 8. As the petitioner himself did not take admission after allotment of a seat on the basis of third round of counselling, he is not entitled to get any relief. 7. We have heard the arguments raised on behalf of the parties and perused the material available with due care. 8. Before dealing with the issue, it would be appropriate to reproduce Rule 8.4.8 of the Rules of 2020 and Clause 26(1) of the notification dated 9.9.2020. Rule 8.4.8 of the Rules of 2020 reads as under: “8.4.8 If any candidate has been allotted a seat in a course/institute in the first/subsequent phase and if further phase of counselling takes place, the candidate, if desire so, is allowed to participate in them but on his/her registering for the next phase and on document verification, the present allotment shall be automatically cancelled and that seat shall be added to the vacant seats.” Clause 26(1) of the notification dated 9.9.2020 reads thus: ^^26- izFke pj.k ds i'pkr~ fjDr jg xbZ lhVksa ,oa f}rh; pj.k ds jftLVªs'ku ds nkSjku iwoZ izosf'kr Nk=ksa ds lhV NksM+us ds dkj.k fjDr gksus okyh lhVksa ds vkCkaVu ds fy;s f}rh; pj.k esa iqu% oSls gh izfdz;k viuk;h tkrh gS] tks izFke pj.k esa FkhA blesa pkj izdkj ds vH;FkhZ gks ldrs gSa % ¼1½ ,sls vH;FkhZ tks izFke pj.k esa vkcaVu ds i'pkr~ laLFkk esa izos'k ys pqds gSa & ,sls vH;FkhZ ftUgksaus izFke pj.k esa vkCkafVr lhV ij izos'k ys fy;k gS ,oa izosf'kr lhV ls larq"V gS] mUgsa f}rh; pj.k esa Hkkx ugha ysuk pkfg,A ,sls vH;FkhZ ;fn viuh iwoZ vkcafVr lhV cnyuk pkgrs gSa rks mUgsa bldh vuqefr gS] ijUrq mUgsa Hkh f}rh; pj.k esa iqu% fu;ekuqlkj vkWuykbZu iath;u dj vkosnu djuk gksxkA nwljs pj.k esa lfEefyr gksus ij mudh iwoZ vkCakfVr lhV Loeso fujLr gks tk;sxh ,oa ;g vko';d ugha gS fd mls og lhV iqu% feysA^ 9. As contained in Rule 8.4.8 of the Rules of 2020, if any candidate has been allotted a seat in a course/institute in the first/subsequent phase of counselling, he can also participate in the next phase of counselling and his allotment of seat in the previous phase of counselling shall automatically be cancelled and that seat will be added to the vacant seats. Further, Clause 26(1) of the notification dated 9.9.2020 provides that a candidate who has taken admission in the concerned college after allotment of a seat in the first round of counselling, if he so desires, can change his allotment and for that he will have to make online registration for subsequent counselling for allotment of a seat and if he participates in the subsequent counselling then the seat allotted to him previously shall automatically be cancelled. 10. Undisputedly, in this case, the petitioner participated in the first round of counselling and got allotment of a seat in respondent 3/college and he also took admission in that college. It was the contention of the respondents/State that subsequently, in the third phase of counselling, the petitioner again participated and he got a seat of Computer Science and Engineering in Vishwavidyalaya Engineering College at Lakhanpur, Ambikapur, but, he did not take admission in that college. Therefore, pursuant to Rule 8.4.8 of the Rules of 2020 and Clause 26(1) of the notification dated 9.9.2020, the seat allotted to him previously in the first phase of counselling got automatically cancelled and was subsequently allotted to some other candidate. It was the contention of the petitioner that he did not participate in the third phase of counselling. Some other person impersonating the petitioner has made conspiracy and participated in the third phase of counselling with wrong entries. 11. A perusal of the record shows that at the time of filling up the admission form (Annexure P4) the petitioner mentioned all his personal details including his guardian’s mobile number, his detailed address and 12th class examination details. The said admission form is duly signed by the petitioner. Subsequently, the petitioner again filled up registration form (Annexure D5) in third round of counselling and filled up the above details. Though there are some changes in the information given in Annexure D5 regarding mobile number of guardian, name of school and name of district, all other entries are similar to Annexure P4. Perusal of the documents Annexures D7, D8 and D9 also shows that in both rounds of the counselling, the payments were made from Account No.00000032152610119. Though there are some changes in the information given in Annexure D5 regarding mobile number of guardian, name of school and name of district, all other entries are similar to Annexure P4. Perusal of the documents Annexures D7, D8 and D9 also shows that in both rounds of the counselling, the payments were made from Account No.00000032152610119. From perusal of the instructions for fulfillment and submission of online application (Annexure D8), it also reveals that at first the candidate has to register himself in the website by filling his personal details including his mobile number and he has to create a password for his further login process for filling up online application form for counselling. Thereafter, the registration number and the password are sent to the candidate’s registered mobile number for login in future. Thereafter, the candidate has to log in the website using his registration number and password for his personal details and upload his photograph and signature and thereafter he has to make payment of Rs.300 through online mode. Looking to the entire above procedure, it is not possible for any other candidate or person to log in the website and fill up the form. In this case, except some changes, the entries of Annexure P4 and Annexure D5 are same and in both the phases of counselling payments of Rs.300 towards registration fee were made through online process from the same account. Therefore, the contention of the petitioner that some other person filled up the form in the third round of counselling on his behalf and he did not register for third phase of counselling is not acceptable. The petitioner has also not placed any material before this Court to show that some other person did conspiracy of registration in third phase of counselling on his behalf. Thus, we do not find any substance in the argument advanced in this regard by learned counsel for the petitioner. 12. From perusal of Rule 8.4.8 of the Rules of 2020 and Clause 26(1) of the notification dated 9.9.2020, it is clear that after taking admission against a seat previously allotted, if the candidate participates in next round of counselling, his previous allotment of seat shall automatically be cancelled. 12. From perusal of Rule 8.4.8 of the Rules of 2020 and Clause 26(1) of the notification dated 9.9.2020, it is clear that after taking admission against a seat previously allotted, if the candidate participates in next round of counselling, his previous allotment of seat shall automatically be cancelled. As, in this case, the petitioner himself appeared in third round of counselling after getting admission against allotment of a seat in first round of counselling, as contained in Rule 8.4.8 of the Rules of 2020 and Clause 26(1) of the notification dated 9.9.2020 the seat previously allotted to him in first phase of counselling got automatically cancelled and, therefore, no question arises for giving him any show cause notice or affording him any opportunity of hearing prior to issuance of the impugned order. 13. For the reasons discussed above, we do not find any substance in the writ petition. It is liable to be and is hereby dismissed.