ORDER :

Arvind Singh Chandel, J.

1. The instant petition has been preferred by the petitioner seeking the following reliefs:

“10.1 That, this Hon’ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities.

10.2 That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned cancellation of admission form (Annexure P/1) and further be pleased to direct the respondent authorities to allow the petitioner to complete the course and to appear in the examination of Bachelor of Engineering/Technology (B.E./B.Tech) course in the respondent no.3 College, in accordance with law.

10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.”

2. It is the case of the petitioner that after passing examination of 12 standard, he participated in first phase of counselling for the course of Bachelor of Engineering/Bachelor of Technology (B.E./B.Tech.) for the academic session 2020-21. After documents verification, he obtained admission in respondent 3/college for which the requisite fee was also deposited through a challan and he was attending the online classes without any interruption. Suddenly, his admission is cancelled vide Annexure P1 dated 19.11.2020 without issuing him any notice and affording any opportunity of hearing. Hence, this petition.

3. In their reply, the respondents/State submit that the Admission Rules for Technical Institute’s of Chhattisgarh, 2020 (henceforth ‘the Rules of 2020’) have been framed and are made available to all the technical institutes and candidates seeking admission in technical and professional courses in the Chhattisgarh State. The said rules govern the entire admission procedure with respect to technical and professional courses including B.E./B.Tech. Rule 8.4.8 of the Rules of 2020 specifically prescribes that if any candidate has been allotted a seat in a course/institute in the first/subsequent phase and if further phase of counselling takes place, the candidate, if so desires, is allowed to participate in the counselling, but, on his/her registering for the next phase and on documents verification, the present allotment shall automatically be cancelled and that seat shall be added to vacant seats. Similarly, vide notification dated 9.9.2020, a detailed admission procedure for online counselling for the session 2020-21 has been published and uploaded in the website, wherein also Clause 26(1) deals with candidates who have been allotted seats in the first phase and have taken admission in the college. Such candidates are allowed to participate in the subsequent phase of counselling if they are not satisfied with their allotted seat. However, if such a candidate gets himself registered for next phase and appears for counselling in the subsequent phase, his earlier allotted seat is automatically cancelled. The petitioner being fully aware about the admission rules, the notification and the procedure for participation, got himself registered for the first phase of counselling and was allotted a seat of his choice on merit basis in respondent 3/college and also got admission in the said college as per his allotment. Thereafter, he again got himself registered for the third phase of counselling and appeared in the counselling wherein as per his merit, he has been allotted Vishwavidyalaya Engineering College, Lakhanpur, Ambikapur as per his choice. Despite getting allotment of the seat, he did not report in the college for admission. Therefore, now, at this stage, he cannot claim any admission pursuant to his allotment of seat in the first phase as the said seat has already got vacant and has been allotted in the third round of counselling to some other candidate on merit basis. Therefore, this petition having no merit is liable to be dismissed.

4. In his rejoinder to the reply of the respondents/State, the petitioner submits that after obtaining admission in respondent 3/college, he neither reg