IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
S.A. DHARMADHIKARI, HIRDESH, JJ.
Anushka Mahant, D/o. Shri Shailendra Mahant & Ors. - Petitioners
Versus
State of M.P. and Others - Respondents
W.P. No. 2375 of 2023
Decided On : 21-07-2023
| Table of Content |
|---|
| 1. admissions process and relevant guidelines (Para 1 , 2 , 3 , 4) |
| 2. impairment to students' rights and legitimate expectations (Para 5 , 6 , 9 , 11) |
| 3. impact of covid-19 on admission timelines (Para 7 , 10 , 12) |
| 4. doctrine of legitimate expectation in administrative law (Para 15 , 16 , 31) |
| 5. dismissing the petition and imposing costs (Para 36 , 37 , 38) |
ORDER :
Sushrut Arvind Dharmadhikari, J.
Petitioners have approached this Court under Article 226 of the Constitution of India against the order dated 22-8-2022 and circular dated 9-11-2022 passed by respondents No. 1 and 2. Petitioners have taken admission in courses mentioned below :
| S. No. | Name of Student | Course Opted for | Date of Admission |
| 1. | Anushka Mahant | B.B.A. LLB(HONS) | 6-10-2022 |
| 2. | Khushbu Vishwakarma | 3 YEARS LLB(HONS) | 26-9-2022 |
| 3. | Aditya Singh Chouhan | B.A. LLB(HONS) | 14-9-2022 |
| 4. | Shivam Hada | B.A. LLB(HONS) | 6-9-2022 |
2. Brief facts of the case are that petitioners are students of law who have taken admissions in the respondent No. 6/College for the courses mentioned above. The Bar Council of India(referred to as “BCI” hereinafter)/respondent No. 5 framed ‘Rules of Legal Education 2008’ (referred to the ‘Rules of 2008’ hereinafter) for legal education in India under powers conferred by Law ‘ The Advocates Act, 1961. As per the said Rules of 2008, there are two categories under which admission can be taken for UG courses; (a) 3 Year Degree Course after obtaining Bachelor’s Degree in any discipline (b) Integrated 05 Year Law Course after 10+2 Standard. Admission will be given in case of 3 Year Degree Course, on the basis of marks obtained in the Graduation and through competitive exams like CLAT(Common Law Admission Test) and CUET(Common Universities Entrance Test) followed by counselling and in case of 5 Year Integrated Course, on the basis of marks obtained in the 10+2 Examination.
3. The State of M.P., Higher Education Department issued guidelines for admissions in the Academic Session 2022-23 vide order dated 12-5-2022 (Annexure P-7). As per the said guidelines, every individual who is desirous of taking admission in the UG/PG courses has to enroll himself/herself through epravesh.mponline.gov.in on E-Portal of Higher Education Department. After completion of enrollment through the epravesh portal, the College Level Counselling (referred to as ‘CLC’ hereinafter) commenced. The first round of CLC started from 3-6-2022, second round from 16.06.2022, third round from 27-6-2022 to 16-7-2022. Thereafter, in addition to that fourth round was also conducted from 19-7-2022 to 5-8-2022. Fifth round was conducted from 6-8-2022 to 16-8-2022 and the sixth round was conducted from 23-8-2022 to 31-8-2022 which is one of the subject matter of challenge in the present petition.
4. The process of counseling culminated on 31-8-2022 thereby closing the admission process for Academic Session 2022-23. The petitioners herein have not enrolled/registered themselves when the MP Online epravesh portal was open from 17-5-2022 till 31-8-2022 and without getting themselves enrolled on the said portal have taken admission in the respondent No. 6/College on provisional basis for pursuing the courses mentioned above. Respondent No. 6 vide letter annexed as Annexure P-10 (the letter does not bear the date or acknowledgement) has requested the Commissioner, Higher Education Department, Satpura Bhawan, Bhopal to open the MP Online epravesh portal so that all the students including petitioners who have taken admission in the respondent No. 6/college could be enrolled with the Higher Education Department and appear in the upcoming examination. However, said portal has not been opened. Being aggrieved, the present petition is filed.
5. Learned Sr. counsel for the petitioners submits that impugned orders dated 22-8-2022 and 9-11-2022 are passed in complete violation of fundamental rights of the pe
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