IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JODHPUR
DINESH MEHTA, J.
Tantia University and Others – Appellants
Versus
State of Rajasthan and Others – Respondents
S.B. Civil Writ Petition No. 1674 of 2022
Decided On : 10-02-2022
Veterinary Council of India Minimum Standards of Veterinary Education (Bachelor of Veterinary Science and Animal Husbandry-Degree Course) Regulation, 2016 - Application - Admission - Degree course - Allotment - Petitioners apprising Court about requisite facts, stated that vide NOC dated Government of Rajasthan had permitted petitioner-University to establish veterinary college at Sri Ganganagar as per Veterinary Council of India Minimum Standards of Veterinary Education (Bachelor of Veterinary Science and Animal Husbandry-Degree Course) Regulation, 2016 as amended from time to time - Petitioner's application in furtherance whereof petitioner made requisite compliance however, due to no progress on said application for a considerable amount of time, petitioner preferred a writ petition wherein vide order dated Court directed respondents to conduct inspection of petitioner's college - Pursuant to order dated respondents prepared a favourable inspection report, in furtherance whereof, petitioner-University was issued a letter of intent dated, permitting admission of students to B.V.Sc and A.H. degree course at Veterinary College for academic year - Whether State will have any in-principle approval, if petitioner-university conducts its own exam or whether state would direct respondent No. 5 to allocate students to petitioner's college – Held, Court cannot be oblivious of fact that petitioner-university has not only established requisite infrastructure but also has got all necessary approval to run course from this academic year - Conducting examination at this stage would take considerable time and many desirous students would lose an opportunity to study apart from fact that infrastructure and resources developed by petitioner would go to waste because till recently, petitioner's college was affiliated to respondent No. 4 and was getting students from counselling conducted by Coordinator - Petitioner-university is permitted to give admission to the students on basis of the marks obtained or merit position in written examination conducted by respondent No. 5, pursuant to notification dated - Court feels that admission on such basis would also ensure minimum standard for students to be admitted in course being conducted by petitioner-university - Writ petition stands disposed of.
JUDGMENT :
DINESH MEHTA, J.
1. By way of present writ petition, the petitioners have sought direction to the respondent No. 4 and 5 to include name of petitioner's college in the list of participating colleges for allotment of students for admission in B.V.Sc. and A.H. degree course for the academic year 2021-22.
2. Mr. Rajpurohit, learned counsel for the petitioners apprising the Court about requisite facts, stated that vide NOC dated 26.07.2018, the Government of Rajasthan had permitted the petitioner-University to establish veterinary college at Sri Ganganagar as per the Veterinary Council of India Minimum Standards of Veterinary Education (Bachelor of Veterinary Science and Animal Husbandry-Degree Course) Regulation, 2016 (hereinafter to be referred to as ‘the Regulation of 2016’) as amended from time to time.
3. Thereafter the competent authorities pointed out defects in petitioner's application in furtherance whereof the petitioner made the requisite compliance however, due to no progress on the said application for a considerable amount of time, the petitioner preferred a writ petition (SBCWP No. 10747/2020) wherein vide order dated 14.01.2021 this Court directed the respondents to conduct inspection of petitioner's college. Pursuant to the order dated 14.01.2021 the respondents prepared a favourable inspection report, in furtherance whereof, the petitioner-University was issued a letter of intent dated 27.04.2021, permitting admission of students to B.V.Sc and A.H. degree course at Sri Ganganagar Veterinary College, Sri Ganganagar for the academic year 2021-22.
4. The petitioner was thereafter issued a letter of permission dated 21.12.2021 by the Government of India, Department of Animal Husbandry and Dairying. At this juncture as the petitioner became eligible to commence the Course of B.V.Sc. and A.H. degree, it approached the Principal Secretary, Department of Animal Husbandry, State of Rajasthan to include the name of petitioner's college in the list of participating colleges in the centralized counselling conducted by respondent No. 4 and 5 for admission in B.V.Sc. and A.H. course for session 2021-22.
5. In spite of petitioner's request, when name of petitioner's college was not included in the list, instant writ petition has been filed whereby directions to the State, so also to respondent No. 4 and 5 have been sought to enable it to take part in the counselling or to allot students to the petitioner's veterinary college.
6. Mr. Rajpurohit, learned counsel for the petitioners argued that the veterinary college of the petitioner-university is duly authorized to conduct the courses and since the State Government had issued NOC and Essentiality Certificate and the centralised process of admission in B.V.Sc. and A.H. degree course is being undertaken by the respondent No. 4, it is entitled for allotment of the students through the counselling being conducted by respondent No. 5 for the academic year 2021-22.
7. On 08.02.2022, this Court had passed the following order:
2. Mr. Anil Kumar Gaur, learned Additional Advocate General is directed to inform the Court by tomorrow, as to whether the petitioner-university can conduct its own examination and admit the students or otherwise the State can direct the respondent No. 4 and 5 to allot students to petitioner-university, of course after taking appropriate facilitation charges.
3. List this case tomorrow i.e. on 09.02.2022.
4. Meanwhile, the petitioner-University may contact the Board of Manag
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