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2022 Supreme(Raj) 89

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JODHPUR
DINESH MEHTA, J.
Devendra Nehra S/o Sh. Babulal Nehra – Petitioner
Versus
Coordinator JET/Pre-PG/Ph.D Entrance Examination 2021 – Respondent
S.B. Civil Writ Petition Nos. 16056, 16065, 16269, 16283, 16319, 16326, 16327, 16329, 16330, 16591, 16886, 17993 of 2021
Decided On : 08-02-2022

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Surendra Kumar, Mr. B.S. Sandhu, Mr. Vinit Sanadhya.
For the Respondents: Mr. Muktesh Maheshwari Mr. K.S. Rajpurohit, Mr. Rajat Arora.

Headnote:

Constitution of India,1950 - Article 226(3) - Application - Interim order - Respondents have permitted Maharana Pratap University as well as other state run universities to conduct counselling for their vacant seats, without affording such opportunity to private institutions/colleges including petitioners, Court passed an interim order directing respondent No. 1 and 2 to conduct one additional counselling, all remaining Institutions including private institutions to participate for their vacant/remaining seats - Order was also passed because Court felt that keeping 2212 seats vacant out of total 7712 seats would be to nobody's advantage - In appearance on behalf of respondent No. 1-Coordinator JET/Pre- PG/Ph.D Entrance Examination-2021, at outset pointed out that interim order dated was passed only after considering submissions of State Government and answering respondent-Coordinator and (SKRAU) who were necessary parties, were not heard, due to which all requisite and correct facts and law could not be brought to notice of Court and hence, interim order came to be passed as State could not give proper assistance/response – Held, after all rounds of counselling were over, State itself had conducted an additional counselling in which though government universities and private universities were allowed to take part in counselling but private colleges were kept out of process - It was in that backdrop and also, in view of concession given by respondents, as noticed in Para Nos. 5 and 6 of order, Court was persuaded to issue a direction to conduct spot/additional counseling - Petitioners therein were private colleges, whereas in present bunch of writ petitions, petitioners are students, who themselves have remained indolent towards their education - One petition has been preferred by three colleges, but in opinion of this Court future of students and standard of education outweighs commercial interests of colleges - Writ petitions including SBCWP No. 16886/2021 filed by College are hereby dismissed.

JUDGMENT :

DINESH MEHTA, J.

1. These matters come up for consideration of application under Article 226(3) of the Constitution of India filed by respondent No. 1 for vacating the interim order dated 14.12.2021 passed by this Court.

2. It may be noted that when 4 writ petitions out of the present batch of writ petitions came for motion hearing before this Court on 25.11.2021, the matters were ordered to be listed on 01.12.2021 while reflecting name of Mr. K.S. Rajpurohit, learned Addl. Advocate General for the State of Rajasthan in the cause-list.

3. Meanwhile, various other writ petitions came to be filed and all these petitions were tagged and heard for interim relief on 14.12.2021. Upon considering the petitioners' contention that the respondents have permitted Maharana Pratap University as well as other state run universities to conduct counselling for their vacant seats, without affording such opportunity to the private institutions/colleges including the petitioners, this Court passed an interim order directing the respondent No. 1 and 2 to conduct one additional counselling, permitting all the remaining Institutions including private institutions to participate for their vacant/remaining seats. The order was also passed because the Court felt that keeping 2212 seats vacant out of total 7712 seats would be to nobody's advantage.

4. Mr. Muktesh Maheshwari, learned counsel putting in appearance on behalf of respondent No. 1-Coordinator JET/Pre- PG/Ph.D Entrance Examination-2021, at the outset pointed out that the interim order dated 14.12.2021 was passed only after considering the submissions of the State Government and the answering respondent-Coordinator and the Swami Keshwanand Rajasthan Agricultural University, Bikaner (SKRAU) who were necessary parties, were not heard, due to which all the requisite and correct facts and law could not be brought to the notice of the Court and hence, the interim order came to be passed as the State could not give proper assistance/response. Without raising any grievance against the learned Addl. Advocate General, who appeared for the respondent-State, it was respectfully submitted that as learned AAG did not receive any instructions from the Coordinator/SKRAU, he was not in a position to satisfy the Court about the ground realities.

5. Mr. Maheshwari then submitted that as per the general guidelines issued for Joint Entrance Test (JET) 2021, the candidates were required to fill online application forms after entrance examinations, whereafter the counselling was to take place as per the following Schedule:

Schedule

Date

 Day

Option form open

19 October 2021

Tuesday

Last date of payment and editing

21 October 2021

Thursday

1st seat allotment list

23 October 2021

Saturday

Online acceptance

24 October 2021

Sunday

Reporting in the allotted college

25 October 2021

Monday

2nd seat allotment list

26 October 2021

Tuesday

Online acceptance

27 October 2021

Wednesday

Reporting in the allotted college

28 October 2021

Thursday

If seats are vacant after reporting in the respective colleges on 28th October 2021 and the option of the candidates remains available, the 3rd final seat allotment list will be displayed on 29th October 2021:

3rd final seat allotment list

29 October 2021

Friday

Online acceptance

30 October 2021

Saturday

Reporting in the allotted college

1 November 2021

Monday

6. It was pointed out that as per the guidelines issued by the Coordinator, third round of counselling or spot/final counselling took place between 18.10.2021 to 21.10.2021.

7. While taking the Court through the guidelines aforesaid and relevant para-10 and 11, learned counsel submitted that spot/final counselling was the last option available to the candidates, whereafter the process of admission has closed on 01.11

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