Full Judgment
W.P.No.4589/2012 12/8/2013: Shri Aditya Sanghi, learned counsel for the petitioner.
Smt.
Nirmala Nayak, learned Panel Lawyer for the respondents State.
This Court on 10.7.2013 after taking note of the judgment of the Supreme Court in the case of Parmender Kumar and others versus State of Haryana and others - (2012) 1 SCC 17.and certain other judgments of this Court in the case of Dr.
Deepak Kumar Dugarya versus State of M.P.& Others (W.P.No.7255/2010) decided on 10.9.2010 and Review Petition No.666/2010 - Shiv Kumar Sharma versus State of M.P.and others had prima facie formed an opinion that the petitioner is entitled to admission in the current academic session 2013-14.
Various reasons have already been indicated in the said order dated 10.7.2013 to show that petitioner is entitled for admission this year at least as prima facie record do show that she was denied admission the previous academic session in an arbitrary manner.
Even though this Court had prima facie formed an opinion on 10.7.2013 but to give an opportunity to the respondent State to give its say, matter was directed to be listed on 6.8.2013.
When the case was listed on 6.8.2013 respondents sought time to submit reply and the matter was adjourned for today.
Today also respondents have not filed any reply.
Counseling is going on and within 3 or 4 days all the seats will be filled up and petitioner will loose one more year if she is not permitted to participate in the counseling.
As indicated by us in the order dated 10.7.2013 respondents are directed to permit the petitioner to participate in on-going counseling in the State of M.P.and permit her to opt for a seat in a category of freedom fighters in a Government College which would be available in the current academic session and her case shall be considered based on merits obtained by her in the entrance examination conducted in the year 2011-12.
Petitioner's admission in pursuance to this order shall however be subject to final decision of this petition.
List after four weeks.
c.c.today.
(Rajendra Menon) (Smt.
Vimla Jain) Judge Judge mrs.mishra