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PUSHPENDRA SINGH BHATI
Meera Choudhary (Mrs. ), D/o. Shri Hanuman Sahay, W/o. Shri Neeraj Kisan – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Department Of Higher And Technical Education (Group-4) – Respondent
Headnote: Read headnote
ORDER :
1. Learned counsel for the parties jointly submit that the controversy involved in the present writ petitions is no more res-integra and it is covered by the decision rendered by this Court in Anuradha (Miss) & Ors. Vs. Sri Karan Narendra Agriculture University & Ors. : S.B. Civil Writ Petition No.14669/2023; alongwith other connected petitions on 05.10.2023. The relevant portion of the judgment reads as under:
8. This Court observes that the petitioners possess Post Graduation Degree in their respective subjects from the SHUATS, which is recognized by the ICAR. The petitioners have filled in the application form for Ph.D. Degree Entrance Examination-2023 from the State Agriculture Universities as per the General Guidelines for the Ph.D. Entrance for the Session 2023. The petitioners appeared in the examination in question and qualified as per the score, whereafter the petitioners were allotted the respondent-College(s)
The court emphasized that the blame for wrongful admission lies more upon the institution than the candidates and that the respondents cannot discriminate between similarly situated students in the s....
Students cannot be penalized for institutional errors, especially after years of study, as it undermines the pursuit of essential research work.
Admission to academic programs must adhere to the prescribed procedures and regulations, and any deviation from the same may be considered a backdoor entry, leading to cancellation of admission.
Adherence to the admission timeline, finality of admissions, and the eligibility of candidates for admission against vacant seats based on the Admission Policy and Procedure 2021-2022.
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
The university cannot cancel a degree after the completion of the course and must follow a fair procedure in reaching such decisions.
The court affirmed that admissions obtained through fraud are invalid, emphasizing that principles of natural justice do not apply in such cases.
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