Pradeep Koshle v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4394 of 2020
1. Pradeep Koshle S/o Shri Dashrath Lal Koshle Aged About 34 Years R/o Magarpara, Mari Mai Road, Bilaspur District Bilaspur Chhattisgarh. Working As Lecturer LB, Government Higher Secondary School, Ankira, Block Farsabahar, Jashpur, District Jashpur Chhattisgarh.
--- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.
2. The Director State Council Of Educational Research And Training (S), Shankar Nagar, Raipur, District Raipur Chhattisgarh.
3. The Principal Institute Of Advance Studies In Education, Link Rd, Tarbahar Chowk, Bilaspur Chhattisgarh.
4. The Principal Government Higher Secondary School, Ankira, Block Farsabahar, Jashpur District Jashpur Chhattisgarh
5. Ganesh Ram Chandra Working As Lecturer Lb, Government Higher Secondary School, Agastapur, Block Ramanujganj, District Surajpur Chhattisgarh.
6. Gulnaj Momin Working As Lecturer Lb, Government Higher Secondary, School, Dumariya, Block Baikunthpur, District Koriya Chhattisgarh.
7. Umashankar Rohidas Working As Lecturer Lb, Government Higher Secondary School, Dumariya, Block Balouda, District Janjgir Champa Chhattisgarh.
---- Respondents For Petitioner :
Shri Malay Jain, Advocate.
For State :
Shri Sudeep Verma, Dy. G.A.
Hon'ble Shri Justice P. Sam Koshy Order on Board 04/03/2021
1. The claim of the petitioner in the present writ petition is for an appropriate direction to the respondents for accepting the 'No Objection Certificate' to permit the petitioner in obtaining admission in M.Ed course for the academic session 2020-2021.
2. According to the counsel for the petitioner, the petitioner in the instant case has been working as a lecturer local body at District Jaspur. An advertisement was issued calling upon the eligible candidates for taking admission for M.Ed course on 21.05.2020. The last date of submission of the documents required was 09.10.2020, the aforementioned date would clearly reflect that there was a period of almost four and half months available to the petitioner for procuring all the requisite necessary certificates required by the authorities concerned.
3. According to the petitioner, he has completed all other formalities except for the relieving order from his employer which he could obtain only on 08.10.2020 and by the time, the petitioner approached the authorities on 09.10.2020 the very next date the office was closed therefore he could not submit the same before the authorities and in the process the admission has been given to a candidate in the waiting list.
4. Learned counsel for the State Counsel on the other hand submits that from the perusal of the pleadings of the writ petition, it is evidently clear that the petitioner not only has prior intimation of requirement of all these documents in-fact the order Annexure P/5 which was issued on 18.09.2020 clearly reflected that all these documents has to be produced before the authorities on or before 09.10.2020, that means there was a clear mentioning of the last date in the order dated 18.09.2020, therefore the petitioner should have taken all steps for having obtained the requisite documents in advance.
5. The learned counsel for the State further submits that in the instant case, the petitioner apart from having not produced the relieving order has also not even deposited admission fees, which he could have deposited in advance from the place where he was posted i.e. District Jaspur itself. The petitioner having not done, shows that the petitioner was not too keen in getting the admission and took things casually.
6. Having heard the contention put forth on either side and on perusal of records even from the admitted factual matrix of the case, if the contention of the petitioner is to be accepted on its face value, even then the certificate was obtained by the petitioner on 08.10.2020. If the petitioner would have promptly taken steps for reaching Bilaspur, he could have very well reached Bilaspur on 09.10.2020 and could have completed the formalities. The petitioner did not utilize the time available with him and thereafter now makes a prayer that he be permitted to participate in the admission process and that he was late only by one day.
7. From the records, it appears that the petitioner by the time have reached the concerned office and the office time had already closed and the next working day was only on 12.10.2020 and as such valuable days has been lost by the petitioner on account of delay for which the respondents cannot be held responsible in any manner.
8. Once when there is a cut-off date provided for admission and for completion of the requisite formalities, it is expected that the candidates interested in obtaining the admission, to take prompt
steps in getting the same within the stipulated period. Moreover, under the provision of rules governing the field there does not seem to be any power vested with the authorities for extending the period of submission of these documents for which the cut-off date already was fixed on 09.10.2020.
9. Given the facts, this Court does not find any strong case made out by the petitioner calling for interference with the impugned order. The writ petition being devoid of merits deserves to be and is accordingly rejected.
Sd/- (P. Sam Koshy) Judge Jyotijha