PRAGYA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER in WP 6263/2000, Ku. Pragya Sharma has claimed the benefit of conversion of her seat from payment seat to free seat in accordance with her merit as per Rule 2.5.3.1. and Rule 2.5.3.2. of the rules called "Admission Rules to the Three Years MCA Course 1999 -2000.

(2.) PETITIONER submits that she was admitted in MCA against 1st payment seat and paid Rs. 33,200/ - on 25 -10 -1999. As per rule 2.5.3. if a student selected against a free seat, does not appear or leaves the College, or if the free seat for reasons whatsoever, falls vacant, then the free seat shall be filled up by giving an admission to a student selected in a payment seat on merit basis. Petitioner submits that one Ku. Smita Mishra who was selected in free seat did not join and said free seat fell vacant. Petitioner applied for free seat on 9 -12 -1999; besides submitting application A/3, reminder A/4 was also submitted and followed with another representation A/5. Out of 40 seats, 20 seats were free seats and 20 are payment seats, College sent wrong information as to free seats and payment seats to State. Petitioner claims conversion from payment seat to the free seat in accordance with her entitlement as per rules. Hence the writ petition has been filed failing to obtain redressal of the grievance at the hands of respondents.

(3.) IN the return filed by respondent No. 3 it is contended that this Court had passed an interim order on 3 -8 -2001 giving interim relief to the effect that "petitioner will not be compelled to deposit the fees relating to payment seat." Director has also passed an order on 9th August, 2001 permitting transfer of the petitioner from payment seat to free seat with retrospective effect. This order R/2 has been assailed separately in WP 5171/2001.