Tanishq Mehta v. Guru Ghasidas Central University

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 337 of 2020 {Arising out of Award dated 06.08.2020 passed by the learned Single Judge in Writ Petition (C) No. 1677 of 2020} 1.

Tanishq Mehta S/o Arvind Mehta, aged about 17 years, R/o Near Old Bus Stand, Ambikapur, District Surguja (C.G.) Represented through: Legal guardian father Arvind Mehta S/o Late G.P. Mehta, aged about 55 years, R/o near Old Bus Stand, Ambikapur, District Surguja, Chhattisgarh.

2.

Mohammed Zaid S/o Mohammed Sanaullh Ansari, aged about 18 years, R/o Rasulpur, Ambikapur, District Surguja (C.G.) ---- Appellants

Versus

Guru Ghasidas Central University, Through : Its Register, Bilaspur, District Bilaspur (C.G.) ---- Respondent For Appellants :

Shri Kishore Narayan, Advocate.

For Respondent :

Shri Neeraj Choubey, Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Judgment on Board Per P. R. Ramachandra Menon, Chief Justice 25.08.2020 1.

Rejection of the prayer made by the Appellants/Writ Petitioners to direct the University to permit them to take part in the VET (Vishwavidyalaya Entrance Test) for getting admission to the BA LLB integrated five years course, is put to challenge in this appeal.

2.

The learned counsel for the Appellants submits that the Appellants/Writ Petitioners were pursuing their studies at 10+2 level and their results were not declared till recently. It was while so, that the Respondent-University had issued an advertisement inviting applications for the Test as above, specifying 30.05.2020 as the last date for submitting the application, which was subsequently extended to 30.06.2020 as disclosed from Annexure P/2 (original notification and the corrigendum issued). It is conceded by the

Appellants that they did not apply for participating in the Entrance Test. The reason stated is that the CBSE, because of the Covid-19 pandemic situation, had not conducted any examination and the result was declared on the basis of their previous performance only on 13.07.2020. By that time, the last date stipulated for submitting the application was over and since the Petitioners were waiting for their results, there was some dilemma and hence they could not apply for participating in the Test. The request made thereafter in this regard was not accepted by the University, which made them to approach this Court for interference. The writ petition came to be dismissed as per the judgment dated 06.08.2020 holding that it was devoid of any merit, correctness of which is subjected to challenge, seeking for interference of this Court.

3.

The learned counsel appearing for the Respondent-University submits that there is no pith or substance in the case projected by the Appellants, as correctly noted by the learned Single Judge in paragraph 3 and 4, based on the submissions made on the part of the University. There was no requirement for any candidate to submit his marksheet or certificate for admission in the Test and the advertisement was very specific in this regard. The last date for submitting the application was fixed initially as 30.05.2020, which came to be extended till 30.06.2020. It is also brought to the notice of this Court that about twenty thousand students had applied online, in terms of the advertisement, whereas the petitioners did not find it proper to make any application.

The declaration of result by the CBSE was having no relevance at all with regard to the application to be submitted for participating in the VET for admission to the integrated course BA LLB. It was after declaration of the result, that the University required the students who have already submitted the applications online, to furnish the particulars with regard to the marks, vide the proceeding dated 05.08.2020.

4.

In the instant case, the prayer of the Appellants is virtually to permit them to submit applications 'offline', even after the expiry of the last date and to grant permission to participate in the Test, which is stated as absolutely devoid of any legal or factual basis. We find considerable force in the said submission.

5.

As observed by the learned Single Judge in paragraph 4 of the judgment, nothing prevented the Appellants/Writ Petitioners from submitting necessary applications online, before expiry of the last date on 30.06.2020. The version of the Appellants that they had some 'dilemma', as the reason for not submitting the applications on time, is not liable to be accepted. If there was any doubt or dilemma in this regard, it was quite open for the Appellants to have it got clarified from the University or such other appropriate sources. It is also relevant to note that, about 'twenty thousand students' who submitted online applications did not have any doubt or dilemma, with reference to the non-declaration of the result. This being the position, it was not at all a fit case where any interference ought to have been made by the learned Single Judge, who has rightly declined the relief. The Appellants have not demonstrated, as to how and where the learned Single Judge has gone wrong. We hold that the verdict passed by the learned Single Judge is not assailable on any ground.

6.

In the above facts and circumstances, we are of the considered view that there is absolutely no merit in the appeal. Interference is declined and the appeal stands dismissed accordingly.

Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Hem