JAYANT KISHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE common questions of facts and law are involved in these writ petitions, they are being disposed of by this common order.

(2.) THE petitioners are the students, who have been admitted in different private engineering colleges (respondent No.4 in the writ petitions) in the first year engineering courses in academic session 2010-11. THE petitioner in W. P. (C) No. 7508/2010 was admitted on 31-7-2010; petitioners in W. P. (C) No. 7557/ 2010 were admitted on 1-7-2010; petitioner in W. P. (C) No. 7701/2010 was admitted on 8-7-2010; and petitioner in W. P. (C) No. 3129/2011 was admitted on 10-8-2010. THEir admissions were against the management quota. All the petitioners are the students who got zero or minus marks in the entrance test. When their forms were sent for enrolment and further processing for registration in the University, the University declined to enroll the petitioners. It was informed that since the petitioners got zero or minus marks in the entrance examination, therefore, they were not eligible for admission as per circulars dated 12-7-2010 & 20-8-2010 (Annexure-P-

(3.) IN the instant case, learned counsel for the State, could not show any rule or law, on which the above circulars were issued. At this stage, we would like to point out the provisions of Rule 2.11 of the admission Rules. It provides that Government of Chhattisgarh alone would have right to make amendments in these rules or procedure, at any stage, in the public interest according to its necessity. With a view to find out as to whether any such decision was taken by the Government of Chhattisgarh, we had called upon the Dy. Advocate General to produce relevant records. The Dy. Advocate General has produced before us a file of 13 pages bearing No, F9-12/2010/42 and has stated that this is the only file with relation to the above subject. We find from the contents of the above file that the Directorate had made proposal for cut-off marks as 20 in AIEEE, 2010 examination for admission in other State quota and management quota, but the above proposal was not accepted by the concerned minister. Even, after that the Directorate ssued the circular dated 20-8-2010. This makes clear that without any decision taken at the Government level, the above circular was issued. Learned Dy. Advocate General has drawn our attention towards circular dated 12-7-2010, in which impediments of zero and minus marks in P. E. T. and AIEEE, 2010 were mentioned. This was also a circular issued by Directorate in relation to counselling and admission to engineering courses in Session 2010-11. The above impediments have been mentioned in instruction No. 12 of the circular. On being pointedly asked about the basis of instruction No. 12 i.e. instruction relating to zero or minus marks, learned Dy. Advocate General could not point out any basis for the same. IN fact, no documents relating to the above decision also could be produced.