The principles of equity can be invoked to allow a student to continue studying in a course even if they were not eligible for admission due to a bonafide error.

1. Heard learned counsel for the parties.

2. Having secured 72% marks in Secondary Examination with the subjects in Physics, Chemistry and Biology by the respondent-1 (petitioner), who is a candidate belonging to Scheduled Caste category, she appeared in the Joint Entrance Test (JET) - 2013 for various programmes including B.Sc. (Hons.) Agriculture. She secured 33.48% marks in the JET- 2013, whereas the cut off marks in her category for admission were 18.44%.

3. The respondent No.1 with 33.48% marks, applied for admission in B.Sc.(Hons.) Agriculture course. The University admitted her to the said course. After her admission, the University found that she, having opted 'Home Science' as one of the subjects in the Joint Entrance Test, could not be admitted in B.Sc. (Hons.) Agriculture and cancelled her admission. By that time, the respondent No.1-petitioner, admitted in the college of Agriculture, Mandore, Jodhpur and started pursuing her studies.

4. An interim order was passed by learned Single Judge allowing her to proceed with her studies in B.Sc. (Hons.) Agriculture. The interim order continued until it was vacated on a day in the absence of the counsel appearing for respondent No.1-petitioner.

5. By the impugned judgment, learned Single Judge, considering the facts and circumstances of the case and judgments of Hon'ble Supreme Court cited by learned counsel for the University, allowed the writ petition with the finding that the responent No.1-petitioner, was eligible for the B.Sc. (Hons.) Agriculture Programme in the College of Agriculture, Mandore, Jodhpur. She had committed a bonafide error in opting for B.Sc. (Hons.) Agriculture which is not permissible for the students, who had opted for the subject 'Home Science' as well as all the subjects given in Joint Entrance Test (JET) - 2013. She was given admission by way of a bonafide error which was thereafter sought to be rectified. Learned Single Judge observed in his order that by admitting the petitioner to the B.Sc. (Hons.) Course in Agriculture in College of Agriculture, Mandor, Jodhpur, no one has suffered a loss as there are still number of seats vacant in the course which were not taken up by any students, who had appeared in the Joint Entrance Test, 2013.

6. Learned counsel for the University submits that the entire judgment of learned Single Judge is based on the principles of equity which is not attracted in college admission, when the admission is wrongly given. He submits that it was clearly provided in the Information Booklet with guidelines for filling up of option forms (online) for admission in different colleges under SKRAU, Bikaner & MPUAT, Udaipur for Joint Entrance Test (JET) that a candidate, who opts for 'Home Science' as a subject in JET, will not be admitted in B.Sc. (Hons.) Agriculture Course. She took a chance in securing higher marks, which are ordinarily awarded in the subject of Home Science, as compared to other subjects. Despite clear guidelines, she opted for B.Sc. (Hons.) Agriculture Course which was given to her by the University. The error was rectified at the earliest opportunity.

7. Learned counsel appearing for the University further submits that learned Single Judge has recorded a finding that the petitioner, having opted for the subject 'Home Science', as one of the subjects for Joint Entrance Test (JET) - 2013, could not be admitted for B.Sc. (Hons.) Agriculture Course. He however, on misplaced application of the principles in equity has allowed the petitioner to pursue B.Sc. (Hons.) Agriculture Programme.

8. Learned counsel for the appellants has relied upon the judgments of Hon'ble Supreme Court rendered in case of National Council for Teacher Education and another v. Public Education Society & Ors. reported in (2013) 1 SCC 223 , Visveswaraya Technological University & Anr. v. Krishnendu Halder & Ors. reported in AIR 2011 SCC 1429 and Priyadarshini College of Computer Science and Another v. Manish Kumar and Others reported in (2