IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. SUBHASH REDDY, VIPUL M. PANCHOLI, JJ.
R K University - Appellant
Versus
Anand Agricultural University - Respondent
R/SPECIAL CIVIL APPLICATION NO. 15065 of 2018 With SPECIAL CIVIL APPLICATION NO. 12064 of 2018 With CIVIL APPLICATION NO. 1 of 2018 In R/LETTERS PATENT APPEAL NO. 1254 of 2018 With R/LETTERS PATENT APPEAL NO. 1255 of 2018 In SPECIAL CIVIL APPLICATION NO. 14237 of 2018 With CIVIL APPLICATION NO. 1 of 2018 In R/LETTERS PATENT APPEAL NO. 177 of 2017 In SPECIAL CIVIL APPLICATION NO. 16369 of 2016 With CIVIL APPLICATION NO. 1 of 2017 In R/LETTERS PATENT APPEAL NO. 194 of 2017 In SPECIAL CIVIL APPLICATION NO. 16587 of 2016 With CIVIL APPLICATION NO. 2 of 2017 In R/SPECIAL CIVIL APPLICATION NO. 12064 of 2018 In R/SPECIAL CIVIL APPLICATION NO. 14237 of 2018 In R/SPECIAL CIVIL APPLICATION NO. 15072 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 16369 of 2016 With R/SPECIAL CIVIL APPLICATION NO. 16587 of 2016
Decided On : 30-10-2018
Constitution of India, Art. 226 – Gujarat Private Universities Act, 2009 - 1st petitioner private University established under the provisions of Act, 2009 Respondent Universities to accept applications of Petitioner Nos.2 to 4 who pursued their graduation studies from Petitioner No.1 for participating in common admission process for post graduate programmes offered by Respondent Universities directly as well as by college and institutions affiliated to the Respondent Universities – Held, Private Universities like the 1st petitioner and others have started the course of B.Sc. (Agriculture)/B.Tech (Agriculture Engineering), and allied courses, on their own without any consent from the State Agricultural Universities and sanction from the State of Gujarat – In spite of specific communications from time to time by the State to the Private Universities, they have continued the courses illegally – No illegality in the admission criteria notified by the respondent - State Agricultural Universities for the purpose of making admissions to post-graduate Agricultural Engineering and allied courses – Petition dismissed
Facts of the Case:
1st petitioner private University established under the provisions of Act, 2009 Respondent Universities to accept applications of Petitioner Nos.2 to 4 who pursued their graduation studies from Petitioner No.1 for participating in common admission process for post graduate programmes offered by Respondent Universities directly as well as by college and institutions affiliated to the Respondent Universities.
Finding of Court:
Private Universities like the 1st petitioner and others have started the course of B.Sc. (Agriculture)/B.Tech (Agriculture Engineering), and allied courses, on their own without any consent from the State Agricultural Universities and sanction from the State of Gujarat – In spite of specific communications from time to time by the State to the Private Universities, they have continued the courses illegally – No illegality in the admission criteria notified by the respondent - State Agricultural Universities for the purpose of making admissions to post-graduate Agricultural Engineering and allied courses.
Result: Dismissed
R.Subhash Reddy, J.
1. On similar set of facts, as common issues arise for consideration, this group of matters are being disposed of by this common judgment. When the Letters Patent Appeals came up for hearing wherein interim orders passed by the learned Single Judges were assailed, in view of the request made by the learned counsel appearing on both sides, Special Civil Applications were called for and heard together. For the purpose of disposal, we treat the petition in Special Civil Application No.15065 of 2018 as a lead matter.
2. The petition in Special Civil Application is filed with the prayers which read as under:
“a. That this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the eligibility criteria prescribed by Respondent Universities for admission in post graduate programmes through common admission process as ultra vires of Article 14 of the Constitution of India;
b. That pending admission, hearing and final disposal of the present petition, this Hon'ble Court may be pleased to direct the Respondent Universities to accept the applications of Petitioner Nos.2 to 4 who have pursued their graduation studies from Petitioner No.1 for participating in the common admission process for post graduate programmes offered by the Respondent Universities directly as well as by college and institutions affiliated to the Respondent Universities....”
3. The 1st petitioner is a private University established under the provisions of the Gujarat Private Universities Act, 2009 (“the GPU Act” for short), having the status of nonaffiliating University. All the colleges run by the 1st petitioner – University are constituent colleges. Respondents No.1 to 4 are Agricultural Universities incorporated as teaching and affiliating universities for imparting education in agriculture and allied sciences in the State of Gujarat. The 1st petitioner University has started a new course in agriculture leading to educational qualification of B.Tech (Agriculture Engineering) from the academic year 2014-15. It is the case of the 1st petitioner that as per the provisions of the All India Council of Technical Education Act, 1987, it is not mandatory for any University to obtain prior permission of All India Council for Technical Education (“AICTE”) to run such course. Further, it is the case of the 1st petitioner University that its students in Agriculture Engineering are eligible for admission into postgraduate course in Agriculture Engineering conducted by any institute affiliated to any University established under the law, including the respondent – Universities. For the purpose of admissions to post-graduate course in the respondent – Universities, a Common Entrance Test is being conducted. Petitioners No.2 to 5, who have completed their graduation in the academic year 2017-18 in Agricultural Engineering, applied on the designated portal of the respondent – Universities for participating in the common admission process for post-graduate programme in Agricultural Engineering offered by the respondent – Universities. Their applications came to be rejected with the remark “Degree from other than SAU”. It is stated in the petition that the eligibility criteria for common admission to post-graduate courses has been notified by the respondents as under:
“The duration for the Master Degree Programme shall be four semesters for the students who have obtained bachelors degree from the SAUs of Gujarat or ICAR recognized/approved college/university as given below”.
4. In the petition, it is the case of the petitioners that all students who have undergone graduation studies in Agricultural Engineering in the State of Gujarat constitute a homogenous class of students and segregating students on the basis of the affiliating University of such students is a class within the class and the sa
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