GARIMA AVASTHI Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition, the petitioners inter alia seek a direction to the respondents not to cancel the admission of the petitioners in D.Ed. Course and to permit the petitioners to prosecute their studies in D.Ed. Course in District Institute of Education and Training (DIET) in Morena.

(2.) Facts giving rise to filing of the writ petition, briefly stated, are that an advertisement dated 20.6.2014 was issued by the Commissioner, Rajya Shiksha Kendra, by which the applications were invited for registration in D.Ed. Course for the academic session 2014 -2015 in District Institute of Education and Training, Morena. The petitioners submitted their application forms along with their mark sheets. In the application forms, the petitioners described their discipline as Arts, however, along with the application forms the petitioners annexed their mark sheets of class -10th and 12th, which show that the petitioners belong to Home Science and Agriculture Discipline. The petitioners were granted admission after verification of their documents by the respondents, pursuant to which the petitioners deposited fee on 9.7.2014. However, on 8.8.2014 Principal of District Institute of Education and Training issued notices to the petitioners for cancellation of their admission inter alia on the ground that in admission forms the petitioners have disclosed their discipline to be incorrect. The petitioners submitted the reply to the aforementioned notices and approached this Court. A Division Bench of this Court passed an interim order on 3.9.2014 and directed that the petitioners shall be permitted to continue their studies in D.Ed. Course. Admittedly, during the pendency of the writ petition, by another interim order dated 28.5.2015, the petitioners were permitted to fill the examination forms. It is not in dispute that by virtue of the ad interim order granted by this Court the petitioners had completed the D.Ed. Course.

(3.) Learned counsel for the petitioners submitted that the petitioners have not played any fraud with the respondents. It is submitted that inadvertently in the application form it was mentioned that the petitioners' discipline is Arts whereas the petitioners belong to Home Science and Agriculture discipline. It is further submitted that along with the application forms the petitioners had annexed the mark sheets of class -10th and 12th, which show that the petitioners belong to Home Science and Agriculture disciplines. It is submitted that the documents of the petitioners were duly verified and thereafter they were given admission. It is also urged that the petitioners have already completed the course and at this point of time even if the admission granted to the petitioners is cancelled, the seats cannot be allotted to any body as the academic session has already expired. It is further submitted that the order dated 12.2.2014 issued by School Education Department of Government of Madhya Pradesh contained in Annexure R -5 provides that in case seats in any discipline are vacant, the same shall be filled in by other disciplines. In support of the aforesaid submissions, learned counsel for the petitioners placed reliance on the decisions of the Supreme Court in the cases of Shri Krishan v. The Kurukshetra University (AIR 1976 SC 376) and Deepa Thomas and others vs. Medical Council of India and others (2012 AIR SCW 1661).