Principal Chhatrapati Shivaji Institute Of Technology v. Smt. Anuradha Chandrakar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 126 of 2016 Principal Chhatrapati Shivaji Institute Of Technology Balod Road, Durg, Police Station- Pulgaon, District- Durg, (Chhattisgarh),......... (Respondent No. 3).

---- Petitioner

Versus

1. Smt. Anuradha Chandrakar W/o. C.L. Chandrakar, Aged About 48 Years R/o- Bittu Cement Gali, Behind Dr. Shukla, Ward No. 41 Durg, Police Station & Post- Durg, Police Station & Post- Durg, District- Durg, (Chhattisgarh).

2. Kumari Akanchha Chandrakar, D/o. C.L. Chandrakar, Aged About 23 Years R/o- Bittu Cement Gali, Behind Dr. Shukla, Ward No. 41 Durg, Police Station & Post- Durg, District- Durg, (Chhattisgarh),........(Petitioners).

3. State Of Chhattisgarh, Through The Secretary, Takniki Shikchhan Janshakti Niyojan Vigyan And Pradyogiki Department Ministry, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, Police Station Rakhi, District- Raipur, (Chhattisgarh),....... (Respondent/respondent No. 1).

4. Director, Directorate Of Technical Education, Indrawati Bhawan, New Raipur, Post Office- Rakhi, Raipur, District- Raipur, (Chhattisgarh),.......(Respondent/respondent No. 2). ---- Respondents For Petitioner :

Mr. Manoj Paranjpe, Advocate For Respondents No.1 & 2 :

Mr. G.P. Mathur, Advocate.

For State/Respondents No.3 & 4 :

Mr. B. Gop Kumar, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/01/2017 Heard.

1.

This is an application for review of order dated 06.04.2016 passed by this Court in WPC No.860 of 2016.

2.

Learned counsel for the petitioner College submits that the writ

petition filed by respondents No.1 & 2 was disposed off at the motion stage itself on the basis of statement made by the writ petitioners therein that their cases are governed by order passed in WPC No.7162/11, WPC No.1262/12 and batch of petitions and order passed in Writ Appeal No.42/2011 and batch of appeals vide order dated 04.04.2014. 3.

Learned counsel for the review petitioner submits that the petitioner is a private institution and the petitioner has a contesting claim that the orders passed by this Court in aforesaid matters related only to Government institution and the circular on the basis of which benefit has been given to green card holders, could not be extended to student who are studying in private colleges. He submits that this issue may require consideration and the petitioner may be granted opportunity to contest the matter on merits.

4.

Learned counsel for the private respondents submits that even in case of the private institution, the policy of relaxation to green card holder, would be applicable.

5.

Be that as it may, the petition filed by the writ petitioners were disposed off at the motion stage itself without allowing the petitioner to contest the matter on merits and seek adjudication on the issue whether the benefit of green card holder would be available in the matter of student of private colleges, I consider it expedient in the interest of justice to recall order dated 06.04.2016 passed in WPC 860/2016. 6.

In that view of the matter, WPC860/2016 is restored and the matter be listed for hearing.

7.

The Review Petition is accordingly disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Rekha