Petitioner challenged cancellation of admission because he could not submit 12th marks sheet by deadline due to pandemic delaying supplementary exams. Court directed deadline extension until results declaration.
Direction issued to extend deadline for submitting 12th pass certificate until petitioner's supplementary exam result is declared.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 2694 of 2020
Atharva Tripathi S/o Shri Lokesh Tripathi Aged About 21 Years R/o Qr. No. 2/b, Street- Npa, Sector- 05, Bhilai, Tahsil- Durg, District- Durg, Chhattisgarh ---- Petitioner
Versus
Respondents
For the Petitioner : Mr. Prateek Sharma, Advocate For the State/Respondents : Mr. Gagan Tiwari, Dy. Govt. Advocate. For respondents 2, 4 & 5 : Mr. Ramakant Mishra, Advocate For respondent No.3 : Mr. Animesh Tiwari, Advocate For respondent No.6 : Mr. P. R. Patankar, Advocate
Hon'ble Shri Justice Goutam Bhaduri
Order on Board
26-11-2020
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“NCHMCT”) and he was selected. Thereafter he got admission into the first semester. Incidentally, the petitioner is required to clear the supplementary examination of math subject of 12th Class and after clearing the said examination, he was required to submit the marks sheet of 12th Class. It is contented that the last date for submitting the mark sheet is fixed as 30.11.2020 and due to prevalence of Pandemic situation the supplementary examination of 12th could not be held as scheduled from 20th of November and now as per the new schedule, the maths examination is going to be held on 03.12.2020 whereas the respondent National Counsel for Hotel Management by letter dated 23rd Sept. 2020 insisted to submit the requisite qualification by 30th November, 2020. He submits that the petitioner cannot be held liable for the delay of exams and prays that the last date for submission of requisite certificate may be extended with respect to the petitioner till the results are declared.
“10+2 system of Senior Secondary examination or its equivalent with English as one of the subjects. Candidates must have passed English as a subject of study (core/elective/functional) in the qualifying examination. Those appearing in 10+2 or equivalent examination can also appear in NCHM JEE 2020 on provisional basis. Provisional admission will stand cancelled if proof of having passed the qualifying examination (10+2 or its equivalent) is not submitted at the time of counselling or at the time of admission or latest by 30.11.2020.
The offer of admission is subject to verification of original certificates/ documents at the time of admission. If any candidate is found ineligible at a later date even after admission to an institute, his/her admission will stand cancelled.”
This issues with the approval of competent authority of NCHMCT.
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the reschedule and as stated by learned counsel, the examination of maths would fall on 03.12.2020. As per the resolution of MCHNCT, the last date for submission of certificate has been fixed as 30th November 2020 and as per the reschedule, the supplementary examination of maths subject is going to be held on 03.12.2020. Thus if the marks sheet of 12th will not be produced by 30th Nov. 2020 which is the dead-line, the petitioner's admission to Hotel Management Course would stand automatically cancelled. The inevitable delay in holding the exam is treated to be the natural consequence of extraordinary situation arising out of COVID-19 Pandemic and lock-down, therefore, the petitioner cannot be held liable for no fault.
Sd/-
GOUTAM BHADURI JUDGE
R a o
1 issue framed by the court
Whether the petitioner’s admission should be protected despite missing the deadline for submitting 12th pass certificate due to pandemic-related exam delays.
Atharva Tripathi
State of Chhattisgarh through The Secretary, School Education Department
Union of India Through The Secretary, Department Of Tourism
Chhattisgarh Board Of Secondary Education
Institute Of Hotel Management, Ahmedabad
National Council For Hotel Management And Catering Technology
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
