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2026 DAILYLAW 31733 (CHH)

Gajendra Sahu v. STATE OF CHHATTISGARH

WPC/2362/2022 · 2026-08-13

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010168722022 2026:CGHC:36514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2362 of 2022 1 - Gajendra Sahu S/o Dilip Kumar Sahu Aged About 29 Years R/o Dalli Road, 1/11, Tahsilpara, Bhanupratappur, District : Kanker, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Higher Education Department, Mantralaya, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Registrar Shahid Mahendra Karma University, Bastar, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh 3 - The Vice Chancellor Shahid Mahendra Karma University, Bastar, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh 4 - The Principal Govt. Kaktiya Postgraduate College, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. S.S. Barik, Advocate on behalf of Mr. Goutam Khetrapal, Advocate. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Respondent(s)/State : Mr. R.K. Gupta, Addl. A.G. For Respondent No. 2 : Mr. Neeraj Choubey, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/08/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting aside the impugned order (Annexure P/4). 10.2 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to appear in the examination by issuing admit card in favour of petitioner and by conducting fresh examination for the petitioner. 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 2. Learned counsel for the petitioner submits that the petitioner was admitted to the M.Sc. (Mathematics) course in the academic session 2020–21 and was permitted to appear in the M.Sc. Previous examination, which he successfully passed. Thereafter, he took admission in the M.Sc. Final Year for the academic session 2021–22 and duly submitted his examination form along with the requisite fee. However, despite being otherwise eligible to 3 appear in the final examination scheduled from 07.05.2022 to 12.05.2022, the petitioner’s admit card has been withheld by the respondent authorities without assigning any reason, thereby preventing him from appearing in the examination. It is further submitted that the petitioner has been directed to approach respondent No. 4/College for information regarding the withholding of his admit card. The petitioner, therefore, seeks appropriate directions to the respondents to issue his admit card and permit him to appear in the M.Sc. (Mathematics) Final Year examination. 3. On the other hand, learned counsel for the University submits that the petitioner was granted admission due to a mistake during the COVID-19 period; otherwise, he was not entitled to admission to the M.Sc. (Mathematics) course. It is submitted that, for admission to the said course, a candidate must have Mathematics as the core/main subject at the graduation level, whereas, in the petitioner's BE (Computer Science and Engineering) course, Mathematics was only an allied/foundation subject. Therefore, the petitioner is not entitled to admission to the M.Sc. postgraduate course unless he has completed his undergraduate degree in the respective subject. 4. Learned counsel for the State supported the submission made by the counsel appearing for the University. 5. I have heard learned counsel for the parties and perused the documents available on record. 4 6. Considering the rival submission of the parties, this Court is of the view that the petitioner was wrongly granted admission in M.Sc. Course as the petitioner has himself annexed a copy of the BE (Computer Science and Engineering) course (Annexure P/1) wherein it is apparent that subject ‘Mathematics’ is an allied subject but not the core subject as such he should not get admission in the Postgraduate course for imparting education for M.Sc. Course, therefore, the university has not committed any illegally in not issuing admit card in favour of the present petitioner. Thus, the present writ petition deserved to be dismissed. 7. Further, counsel for the petitioner submits that, even the petitioner was wrongly granted admission to the said course, he cannot suffer for the mistake committed by the respondent University, as one academic year of the petitioner has been wasted on account of such error. It is, therefore, submitted that the petitioner may be granted liberty to avail such remedy as may be available to him under the law for claiming damages on account of the wrongful- doing of the respondents. 8. Learned counsel for the university objected the submission made by the counsel for the petitioner. 9. Also, considering the facts and circumstances of the case and the reasons assigned hereinabove, the admission of the petitioner to the M.Sc. (Mathematics) course was not found to be in accordance with law. However, without examining the issue as to 5 whether the petitioner is entitled to any compensation or damages, and without expressing any opinion on the merits of the said claim, the petitioner is at liberty to avail himself of such remedy as may be available to him in law before the appropriate forum for claiming compensation/damages, as alleged. 10. It is made clear that this Court has not ascertained any rights of any of the parties or authority. All questions are left open to be considered and decided by the competent authority/forum in accordance with law, after examining the material that may be produced before it, without being influenced from any of the observations made by this Court in the foregoing paragraphs. 11. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat