IN THE HIGH COURT OF CHHATTISGARH
Thottathil B. Radhakrishnan, CJ, Sharad Kumar Gupta, J
Princy Meshram v. State of Chhattisgarh and Another
Writ Petition (C)
| Table of Content |
|---|
| 1. caste certification and its implication on educational reservations. (Para 2 , 3) |
| 2. arguments against leniency due to procedural inadequacies in certificate provision. (Para 4) |
| 3. balancing statutory requirements with supportive provisions for marginalized groups. (Para 5 , 6) |
| 4. final decision allowing participation in counseling under specified conditions. (Para 7 , 8 , 9) |
1. We have heard learned counsel for the Petitioner and the learned Government Advocate.
2. The Petitioner claims to belong a Scheduled Castes. She therefore claims priority for allotment of seat for MBBS course. The last date of registration for counselling following the NEET examination was 22.07.2017. The counselling was to take place from 29.07.2017. When the Petitioner appeared for counselling on 29.07.2017, she produced a caste certificate which was issued by the competent authority on 24.07.2017. The authorities refused to act on it since she had not produced that caste certificate while she appeared for registration for counselling on 22.07.2017. Therefore, the Petitioner seeks relief through writ jurisdiction.
3. The learned counsel for the Petitioner making reference to the judgment of the Apex Court in Raj Kumar Gijroya v. Delhi Subordinate Services Selection Board , 2016 (4) SCC 754 : AIR 2016 SC 1098 and the judgment of this Court in Writ Petition (C) No. 1670 of 2017 rendered making reference to the case of Raj Kumar Gijroya (supra) as also the decision of the Delhi High Court in Pushpa v. Govt. (NCT of Delhi), 2009 SCC Online Del. 281, argued for the position that the caste status of the Petitioner does not depend upon the certificate and the issuance of the caste certificate after the last date fixed for application for registration of counselling cannot be a ground to deny her the benefit of the reservation available to the Scheduled Castes to which the Petitioner belongs.
4. Per contra, the learned Government Advocate argued that the Establishment cannot be criticized in any view of the matter and if such situations are permitted to lead to interference with the counselling system through the judicial orders, that may tend to cause untold administrative difficulties because in terms of the governing rules, it is the requirement that all the relevant certificates are made available while a candidate proceeds to the stage of registration for counselling. He accordingly argued that without the certificate being made available on 22.07.2017 to the authorities while registering for counselling, the fact that the Petitioner claims reservation on the basis of caste status could not have been entered and uploaded in the system and therefore, the online counselling and allotment system which is in place will be adversely affected if orders are issued as sought for. He points out that the Petitioner has no rhyme or reason to insist on any relief being granted when it is easily demonstrable that the entire fault lies with the Petitioner in not having obtained and produced the certificate in time.
5. Computerization has come to the stay. Online registration, online counselling and online allotment are adopted as modalities of management of recruitment and admissions. The different Public Service Commissions also operate in methodologies which are infact controlled by the system of e - governance. Uploading of relevant data is prohibited even in some of the computerized systems when relevant certificates are not uploaded along with the requisite entries that are to be made in the course of registration of application. Obviously therefore, the e - governance system, in the long run, would be adversely affected if it is repeatedly scouted by the people who could have acted in terms of the requirement of the e - governance but have excused themselves, for reasons best known to them, from doing the needful and later turning around to seek relief from the Courts. The Petitioner cannot claim that she belongs to an illiterate category. It is not
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