NAFR 1 - Chhattisgarh Kamdhenu University, Through Its Registrar, Anjora, District Durg (C.G.) ( v. 1 - Shilpa Chouhan W/o
Case Details
1 HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 189 of 2025 NAFR 1 - Chhattisgarh Kamdhenu University, Through Its Registrar, Anjora, District Durg (C.G.) (Respondent No. 5) 2 - The Registrar, Chhattisgarh Kamdhenu University Anjora, District Durg, Chhattisgarh. (Respondent No. 6) --- Appellant(s) versus 1 - Shilpa Chouhan W/o Shri Harsh Raj Chouhan Aged About 36 Years Working As Assistant Veterinary Field Officer, Posted At- Office Of Veterinary Hospital, Gokul Nagar, Rajnandgaon (C.G.), R/o House No. K-7, Riddhi Siddhi Colony, Phase-Ii, Rajnandgaon, District- Rajnandgaon, Chhattisgarh. (Petitioner) 2 - State Of Chhattisgarh Through Its Principal Secretary, Department Of Livestock And Development, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) (Respondent No. 1) 3 - Under Secretary, Department Of Livestock And Development, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) (Respondent No. 2) 4 - The Director Department Of Veterinary Science, Ground Floor, Block- Iii, Indravati Bhavan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) (Respondent No. 3) 5 - The Deputy Director, Veterinary Services, District- Rajnandgaon (C.G.) (Respondent No. 4) (Cause Title taken from Case Information System) --- Respondent(s) Digitally signed by VEDPRAKASH DEWANGAN 2 For Appellants For Respondent No. 1 For Respondents/State : : :
Legal Reasoning
Mr. Ali Asgar, Advocate Mr. Sunder Lal Sahu, Advocate on behalf of Mr. Manish Nigam, Advocate Mr. Shaleen Singh Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 20/03/2025 1. The matter was listed for orders on I.A. No. 1 of 2025, application for condonation of delay in filing the present appeal. On due consideration, the same is allowed, and the delay of 44 days in filing the present appeal is condoned. 2. The appellants have filed this writ appeal against the order dated 25.11.2024 passed in WPS No. 4757/2024 and other connected matters, and the order dated 03.12.2024 passed in Review petition no. 280/2024 (Mrs. Shilpa Chouhan v/s State of CG & Others), by which paragraphs 16, 17, 18, 19 and 22 have been modified, and the academic session of 2024-25 is added. 3. Brief facts of the case are that respondent No.1 filed a Writ Petition (S) No. 4757/2024 challenging the orders dated 12.10.2020, 03.12.2020 and 20.06.2024, whereby the application of respondent No. 1 for pursuing B.V.Sc. & AH Course as a departmental candidate was rejected. The appellants filed their reply and submitted that registration for the seats commenced on 13.09.2024, and the last date of counseling was 30.09.2024. The academic session has commenced. 3 Hence, the learned Single Judge passed an interim order reserving a seat for respondent No. 1. After hearing the parties, the learned Single Judge allowed the petition on 25.11.2024 and, as an exceptional case, allowed them to take admission in Academic session 2025-26. The review petition was filed by respondent No.1. in which prayer was made that as the academic session for 2024-25 has just begun, hence he may be allowed to take admission in the current session. The learned Single Judge on 03.12.2024, after considering the fact that VCI has extended the last date for admission to 15.11.2024, the review petition
Decision
was allowed, and the writ petitioner was allowed to take admission in the current academic session, i.e. 2024-25. As per the order dated 03.12.2024, the State Govt. was to relieve the candidates within 10 days so that they can join the course but they have not yet approached the University with the requisite documents and permission from the Employer and the State Govt. preferred Writ Appeal against the petitioner and remaining three candidates. The W.A. No. 77/2025 has been rejected by the Hon'ble Court vide order dated 04.02.2025. Now, after so much delay when the course began in the month of September 2024, whenever respondent No.1 approaches (uncertain), the University is in compliance with the order dated 03.12.2024 grants admission to them, then the students will not cope with the studies, and moreover the first assessment has already been completed in the first week of January 2025. The delay caused in the litigation will hamper the studies along with the protocol of admission maintained by the University. VCI has also maintained strict rules regarding the last date of admission. The appellants, looking to the situation, filed the M.C.C Petition before this Court for modification of the order for admission in 4 the Academic session 2025-2026 looking to the delay on the part of relieving of respondent No.1 by Respondent/State. The said matter came to be heard and dismissed on 25.02.2025 in M.C.C No. 183/2025. Initially, a Review petition was filed, but as per the provision of CPC second review is not maintainable hence, it was converted into M.C.C. In the said situation, the appellants herein have preferred this present appeal. 4. Learned counsel for the appellants submits that the University is ready to abide by the directions of this Court in granting admission, but due to delay, the admission be granted in the next Academic session, i.e. 2025-26. Further, the order dated 03.12.2024 needs to be set aside and respondent No. 1 is permitted to be given admission in the next academic session of 2025-2026 instead of 2024-2025 as per the earlier order dated 25.11.2024. The same order was passed in WPS No. 5413/2020 on 27.07.2021. The said order is very much necessary for the proper course to be studied by candidates & discipline of admission. Moreover, it is in the interest of candidates as they can effectively participate in the entire session from the beginning. Every Veterinary college in India has to abide by the rules and regulations of the Veterinary Council of India. The Last date of admission for B.V.Sc.& A.H. degree program is 30th September of every year as per the Minimum Standards of Veterinary Education (MSVE), 2016. Further, the last date of admission was extended to 15th November, 2024 by Govt. of India, Ministry of Fisheries, Animal Husbandry & Dairying, Department of Animal Husbandry & Dairying, New Delhi, for the academic session 2024-25 vide letter dated 28.10.2024. Also, the last 5 date for admission is already over much earlier, and the appellants have to maintain some discipline as per the guidelines issued by VCL. It is further submitted that while considering the matter, this Court may also take into account the guidelines/notifications issued by the Veterinary Council of India (VCI) and the Animal Husbandry Department (AHD), Government of India, as they provide crucial clarity on the issue at hand. 5. On the other hand, the learned counsel for respondent No.1 opposes the submissions made by the learned counsel for the appellants and submits that the State has yet not relieved respondent No. 1, due to which, he could not take admission in the 2024-25 batch. Further, they have also filed a contempt petition against the respondents/State for non-compliance with the order impugned herein. 6. Learned counsel for respondents/State submits that they would be filing a Special Leave Petition before the Hon’ble Apex Court challenging the judgment dated 04.02.2025 passed in WA No. 77 of 2025 by this Bench. 7. We have heard learned counsel for the parties and perused the impugned order and other documents appended with the writ appeal. 8. From the perusal of the impugned order, it transpires that the learned Single Judge allowed the review petition modifying the impugned order dated 25.11.2024 passed in WPS No. 4757 of 2024 and other connected matters observing that the writ petitioners wanted to take admission in the degree courses of B.V.Sc. & AH for the present academic session i.e. 2024-25, but due to inadvertence, the exact 6 academic session could not be mentioned in the order dated 25.11.2024 and concluded that paras No. 16, 17, 18, 19 and 22 shall be replaced as follows:- “PARA 16: "At this juncture, learned counsel appearing for the University submits that the academic session for which the admission has been obtained by the petitioners has already commenced in the last week of September, 2024. He further submits that petitioners have to accord permission from the State Government to take admission in this academic session." PARA 17: "At this juncture, learned counsel for the petitioners makes a request for letting the petitioners' admission may be considered for the present academic session i.e. 2024-25 and has prayed before this Court for appropriate reliefs to that extent." PARA 18: "Taking into consideration the submission made by the counsels appearing on either side, particularly the contention of the counsel for the University to the effect that session has just began in the last week of September, 2024 and internal assessment is scheduled in the first week of January, 2025, it can be held that the petitioners tried to obtain permission to participate in the degree courses for the academic session 2025-25, but because of the high-handedness and arbitrary action on the part of the respondents, 7 they could not join the course despite being meritorious and having obtained admission." PARA 19: "It is for the reasons that this Court considers the issuance of an appropriate direction to the respondents for accommodating the petitioners for the B.V.Sc. And AH courses in the present academic session i.e. 2024-25. Mr. Asgar has informed this Court that Veterinary Council of India (VCI) had extended the last date of admission up to 15th November, 2024 and petitioners have to accord permission from the State Government to take admission, therefore, State is also directed to issue the requisite permission preferably within period of 10 days from today." PARA 22: "This Court is of the view that petitioners have been wrongly deprived admission in the B.V.Sc. And AH courses in the academic session of 2024-25 and be admitted in the present academic session i.e. 2024-25 itself. Further, respondent-University is also directed to take all necessary steps to accommodate petitioners in B.V.Sc. And AH courses in the present academic session i.e. 2024-25." 9. Considering the submissions made by the learned counsel appearing for the parties and the impugned order passed by the learned Single Judge, we notice that the same has been rendered with cogent and justifiable reasons. In an intra-court appeal, no interference is usually warranted unless palpable infirmities are noticed on a plain reading of 8 the impugned order. In the facts and circumstances of the instant case, on a plain reading of the order, we do not notice any such palpable infirmity or perversity. Further, considering the fact that WA No. 77 of 2025 filed by the State has already been rejected by this Bench vide order dated 04.02.2025 and a contempt petition has already been filed by respondent No. 1 herein against the respondents/State for not complying with the orders impugned herein and also in view of the order dated 10.03.2025, passed by this Court in WA No. 168 of 2025 (Chhattisgarh Kamdhenu University and Another v. Vandana Tandan and Others), we are not inclined to interfere with the impugned order. 10. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed. No cost(s). Sd/- (Ravindra Kumar Agrawal) Judge Sd/- (Ramesh Sinha) Chief Justice ved