Admission criteria must be clear, consistent, and just to prevent undue hardship, allowing the Supreme Court to intervene under Article 142 to confer degrees when students fulfill all academic requirements despite initial ineligibility.

JUDGMENT :

(Augustine George Masih, J.)

1. Leave granted.

2. Appellant herein has, in pursuance of the Prospectus issued in May 2020 by Dr. Yashwant Singh Parmar University of Horticulture & Forestry, Nauni, Solan, HP (“Respondent No.1” herein), sought admission in M.Sc/MBA (Agri Business Programme) for the Academic Session 2020-21.

3. Appellant applied in pursuance of the said Prospectus, having passed the Bachelor of Science (Hons.) in Agriculture in the year 2020 from a private university, i.e., Eternal University, Baru Sahib, Sirmour, HP (“Respondent No.2” herein), which was affiliated/recognized by the University Grants Commission (“UGC” herein).

4. As per the Prospectus, entrance test was proposed to be held in the month of June 2020 but because of COVID-19 pandemic, the admission test for postgraduate programmes for the said academic session was cancelled, and a merit list of candidates was directed to be prepared by taking into account their Overall Grade Point Average (OGPA)/marks obtained in the qualifying degree, along with other weightages as prescribed originally in the Prospectus of May 2020. The minimum qualifying/eligibility prescribed in the Prospectus remained unchanged.

5. Appellant applied for admission in May 2020, and the said application was kept under processing and for consideration. What has been asserted is that the said application was never rejected and was accepted as being one fulfilling all the requirements for admission.

6. On 03.12.2020, Respondent No.1 put up a notice pointing out therein that the candidates who had passed their B.Sc. degree from non-State Agricultural Universities/Central Agriculture Universities/ Central Universities (“SAUs/CAUs/CUs” herein) with Agriculture faculty, in accordance with the prescribed minimum qualification, were not eligible for allotment of seat in the M.Sc. programme.

7. On 11.12.2020, Respondent No.1 University had issued an addendum carrying out amendments in Chapter 3 of the Prospectus stating therein that candidates who had passed out from agricultural private universities/colleges not accredited by Indian Council of Agricultural Research (“ICAR” herein), even though affiliated to public funded/government institutions, are not eligible for admission.

8. On 15.12.2020, another addendum was issued stating that candidates having a B.Sc. 4-year degree in Horticulture/Forestry/Agricultural/Food Technology from agricultural private universities/colleges not accredited by ICAR, even though affiliated to public funded/government institutions, are not eligible for admission.

9. In pursuance thereto, two lists were prepared. One of candidates who, according to these criteria, were eligible, and others who were ineligible. Since the Appellant had passed her B.Sc. Agriculture from a non- SAUs/CAUs/CUs facility, although recognized by the UGC, was declared non-entitled for allotment of seats in the M.Sc. programme. The candidature of the Appellant was, therefore, rejected.

10. The Appellant, under these circumstances, especially with reference to the ever-changing eligibility criteria for admission approached the High Court of Himachal Pradesh by filing a writ petition CWP No. 369/2021 along with another candidate. Wherein the challenge was to the change in criteria and the rejection of their candidature, with a prayer for direction to the Respondent No. 1 University to grant admission to the Appellant and her co-petitioner to M.Sc. (Agriculture) programme, strictly as per the merit of the candidates, against normal or self-financing seats, as they had applied for both the said seats.