Vivek Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4742 of 2021 • Vivek Sahu S/o Toman Lal Sahu, Aged About 21 Years R/o House No. 15, Ward No. 8, Village Sirgidi, Post Pacheda, District Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. The Vice Chancellor, Guru Ghasidas University, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

3. The Registrar, Guru Ghasidas University, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner : Mr. Shikhar Sharma, Advocate.

For State : Ms. Aakanksha Jain, Dy. Govt. Advocate.

For respondents No.2 & 3 : Mr. R.S. Baghel, Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/11/2021

1. Heard on petition.

2. It is submitted that the petitioner has qualification to be admitted in the M.Sc.(Physics) course. The petitioner applied for entrance examination in Guru Ghasidas University with all the relevant documents including the permanent caste certificate. Admit card was issued to him and he also appeared in the entrance examination, which was held on

30.9.2021. The result of the entrance examination was declared in which the petitioner secured 56 marks and he was ranked 61. The name of petitioner also found place in the list issued in the 3rd round. The petitioner attempted to make payment of the fees through online portal but the website did not accept the login of the petitioner. The petitioner made inquiry and he learnt from the website that his application was rejected for the reason that the OBC certificate was not attached. The petitioner then approached the respondents. The petitioner has filed a representation dated 11.11.2021 to the respondent No.2 and he has also filed a representation before respondent No.3, making an statement, that the caste certificate of the petitioner was attached in the application and the decision taken by the University was arbitrary. The respondents No.2 & 3 have not considered on the representation filed by the petitioner, hence, it is prayed that appropriate direction be issued.

3. Learned State counsel representing the respondent No.1 makes formal objection.

4. Learned counsel for respondent No.2 & 3 the submits that the petitioner had not submitted certificate for the purpose of showing him to be in category of below creamy layer, however, if the representation has been made by the petitioner then the same can be decided by the respondents on the directions given by this Court.

5. Considered on the submissions and after perusing the document filed along with the petition at motion stage, Respondents No.2 & 3 are directed to consider on the representation filed by the petitioner at the earliest and take decision on the same preferably within a period of 15 days from today.

6. With these observations, the petition is disposed off. Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha