REEJA AJIM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner by this writ petition has challenged the action on the part of Respondent-authorities in denying admission of petitioner in Rungta College of Dental Science and Research, Bhilai, District Durg, Chhattisgarh. Petitioner passed her class-12th examination in the year 2019 and being an aspirant for admission to the Medical courses for which she participated in National Eligibility cum Entrance Test (NEET) examination which was held in the year 2020. After declaration of results, she secured 251 marks. Upon declaration of dates of online counselling process from 07.11.2020 up till 12.11.2020, petitioner submitted her online application for counselling process along with entire documents as per rules. She, along with application for online counselling, has also made an application to the authority that she could not obtain her domicile certificate due to Diwali vacation and Covid-19 pandemic situation to which she will submit during the time of physical verification of documents. She has been given provisional allotment letter and a seat was allotted to her at Rungta College of Dental Science and Research, Bhilai, in the course of Bachelor of Dental Science (BDS). Date of physical verification and admission has been fixed on 22.12.2020 and 23.12.2020. Petitioner appeared on the scheduled dates for physical verification of documents and admission along with domicile certificate issued to her on much later the scheduled date of registration for online counselling. At the time of verification of documents, she was denied to get admission referring to Rule 7 of Chhattisgarh Chikitsa, Dant Chikitsa evam Bhautik Chikitsa Snatak Pravesh Niyam, 2018 (for short Admission Rules, 2018). This made the petitioner to approach this Court by filing this writ petition with the following reliefs:

(2.) Mr. Sushobhit Singh, learned counsel for the petitioner submits that the petitioner, her father and forefathers are residents of erstwhile State Madhya Pradesh and Chhattisgarh, birth of petitioner took place on 19.03.2001 at Farid Nagar, Kohka, Bhilai, District Durg, Chhattisgarh, she prosecuted her studies in the State of Chhattisgarh itself but due to Diwali holidays and continuous Covid-19 pandemic situation since March, 2020, even after her best efforts, she could not able to get her domicile certificate issued by the competent authority of the State. He further contended that the petitioner undisputedly is resident of State of Chhattisgarh, hence, on technical reason she could not be deprived of benefit of admission in the medical course of Dental Science at college which has been already allotted to her by respondent-authorities. Petitioner, on her merit, is eligible to get admission in the Dental course will lose her one year of her career. He submits that taking into consideration overall facts and circumstances of the case, a direction may be issued to Respondents for providing her admission in the college allotted to her provisionally by Directorate of Medical Education, Chhattisgarh. He further contended that the petitioner has already deposited requisite fee of Rs. 1 Lac in this regard.

(3.) Mr. Vikram Sharma, learned Deputy Government Advocate representing the State submits that the State has framed Admission Rules, 2018, mentioning the requirements to be fulfilled by the aspirant of medical courses. As per Rule 7 of Admission Rules, 2018, there is specific mentioned of requirement that the aspirants are required to upload all the relevant documents on or before the last date of registration for participating in online counselling. Further there is specific mention with regard to documents which are obtained after the last date of registration will not be considered and as per the case of petitioner herself, she has not obtained domicile certificate prior to the late date of registration for counselling but had obtained only on 16.12.2020 as per Annexure P-10. Petitioner could not have granted admission in the college allotted to her provisionally contrary to the Admission Rules, 2018. Respondent-Dean Government Dental College, Raipur has not erred in any manner in refusing to grant admission to the petitioner. He also pointed out that merely getting a provisional allotment of medical college will not entitle the petitioner, in any manner, to get admission in the allotted college. In the provisional allotment letter itself, it is clearly mentioned that the allotment is subject to scrutiny of original documents under the column of important instructions.