ORDER :

1. Since all the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petitions No.8683/2023 & 9023/2023, while treating the same as a lead case.

2. These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:

S.B.C.W.P No.8683/2023 (preferred by students):

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

i) That the respondent no.2 to 4 may kindly be directed to give admission to the petitioners in the AHDP Course in session 2022-23.

ii) That the admission by the institution on the vacant seat may be validated in the AHDP Course in session 2022-23.

iii) Any other relief/reliefs, which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioners in the interest of justice.

iv) Costs of the writ petition may kindly be awarded in favour of the petitioners.”

S.B.C.W.P No. 9023/2023 (preferred by College):

“In view of the facts narrated, grounds raised the humble petitioner most humbly prays that this Hon’ble Court is graciously pleased to allow the writ petition and:

(a) The letter dated 28.06.2023 (Annexure 11) may kindly be quashed and respondents may be directed to enrol the 7 students (Annexure 7) alongwith all consequential benefits.

(b) pass any such other/further orders which this Hon’ble Court deem fit in favour of petitioner in the interest of justice, equity and good conscience; and”

3. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that respondents no. 2 to 4 have issued an advertisement for admission in Two Years Animal Husbandry Diploma Program (AHDP) for the academic session 2022-2023, whereby applications were invited from the eligible candidates. After completion of the process, the private colleges gave the admission, additionally, in place of those candidates, who have not joined the Course, till last date of joining, or those who have left the college, being not interested in pursuing the Course. The petitioners took admission in the Course in question and are continuously attending the classes.

3.1. The respondent no.3-Controller of Examinations, Rajasthan University of Veterinary & Animal Science, Bikaner, has issued directions on 16.06.2023 pertaining to enrollment of students in the Course; whereupon, the process was to be conducted online from 21.06.20203 to 15.07.2023. The respondent no.3 also issued a list of User(s) and Id(s) as well as Password(s) of the students to the respondent no.5-College, wherein the names of the petitioners were not shown, because the petitioners were given admission against vacant seats, and as per respondent no.5, the said list was pertaining to those students, who have been given admission through counselling.

4. Learned counsel for the petitioners (students) submitted that the petitioners were not aware about the management seats or the State seats, and that, the concerned College was under an obligation to make the petitioners aware about the same; thus, as per learned counsel, the petitioners (students) cannot be made to suffer for the fault on the part of the concerned College.

4.1. Learned counsel further submitted that the issue in question, upon being raised by way of preferring a Writ Petition, has already been settled by this Hon’ble Court in the case of Kiran Kasniya Vs State of Rajasthan (S.B.C.W.P. No. 4354/2020, decided on 29.06.2020), wherein the Hon’ble Court has validated the admission of the student concerned in the Course in question against the vacant seat, after second counselling, and therefore, the present petitioners (students) also, being si