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Himachal Pradesh High Court

Radha Kumari vs State Of H.P And Others on 8 November, 2019

Bench: L. Narayana Swamy, Dharam Chand Chaudhary

THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                            CWP No. 3354 of 2019
                                            Decided on: 08.11.2019




                                                                      .

    Radha Kumari                                                 .......Petitioner
                                        Versus
    State of H.P and others                                  ......Respondents





    Coram
    The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
    The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.





    Whether approved for reporting?1 No.
    For the petitioner:                Mr. Vivek Negi, Advocate.
    For the respondents:               Mr. Ashok Sharma, A.G with Mr.
                         r             J.K. Verma, Addl. A.G and Mr.
                                       Ashwani Sharma, Addl. A.G for

                                       respondents No. 1 and 2.

                                       Mr.   Vir     Bahadur   Verma,
                                       Advocate for respondent No.3.


    Dharam Chand Chaudhary, J. (Oral)

Notice. Mr. J.K. Verma, learned Additional Advocate General appears and accepts service of notice on behalf of respondents No. 1 and 2 and Mr. Vir Bahadur Verma, learned standing counsel on behalf of respondent No.3. Notice to respondent No.4 is not required.

2. As per averments in the writ petition that the petitioner is similarly situated to those students who were allowed admission in the petitioner-colleges from the management quota was ordered to be regularized vide judgment, Annexure P-4 passed by this Court in CWP No. 2648 of 2018 decided on 10th September, 2019. It is seen that in CWP 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

No. 2648 of 2018, several private colleges were the petitioners.

In those colleges, the students were already admitted against .

the management quota. On taking details of such admissions in each college, the admission of the students already admitted against management quota was ordered to be regularized, of course subject to their fulfilling the educational qualifications and other criteria prescribed under the Rules. Respondent No.4- college did not join in that writ petition. On the other hand, in this college also, the admission has been given to the petitioner against management quota seat(s). Her admission could not be protected in view of judgment Annexure P-4. Any how, she is similarly situated to those students who were admitted against the management quota seats in petitioner-colleges in CWP No. 2648 of 2018. She, therefore, is also entitled to regularization of her admission. Therefore, the point in issue in this writ petition is covered in favour of the petitioner vide judgment Annexure P-

4. Accordingly, the writ petition is allowed and it is ordered that the admission of the petitioner against the management quota seats in respondent No.4-college shall be regularized, if she is otherwise found to be qualified and fulfilling other criteria required to assess her suitability. In the event of her admission is regularized, she will automatically be eligible to appear in the examination scheduled to be held from 14.11.2019 onwards. In ::: Downloaded on - 08/11/2019 20:25:44 :::HCHP 3 case her admission is not regularized till that day, she shall be allowed to sit in the examination provisionally.

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3. The writ petition is accordingly allowed and stands disposed of. Pending application(s), if any, shall also stand disposed of.

Dasti Copy.

(L. Narayana Swamy) Chief Justice November 08, 2019 (Dharam Chand Chaudhary) Judge (naveen) ::: Downloaded on - 08/11/2019 20:25:44 :::HCHP