PUSHPENDRA SINGH BHATI
Anuradha (Miss) D/o Shri Suresh Kumar – Appellant
Versus
Karan Narendra Agriculture University – Respondent
JUDGMENT :
1. These writ petitions under Article 226 of the Constitution of India have been preferred claiming the following reliefs:
“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ order or direction:
A] By an appropriate writ order or direction, the impugned office orders dated 18.09.2023 & 18.09.2023 (Annex.-17) cancelling the petitioners’ admission may kindly be quashed and set aside.
B] By an appropriate writ order or direction, the respondents may be directed to restore the petitioners’ admission to the Ph.D. program in Agriculture for the academic session 2023-24 and further allow them to pursue their Ph.D. Degree in their respective subjects and respective institutes.
C] By an appropriate writ order or direction, the respondents may be restrained from conducting on-spot counseling for the seats for which the petitioners have already been granted admission to pursue their Ph.D. degree courses.
D] By an appropriate writ order or direction, the respondents may be restrained from taking any further adverse actions against the petitioners’ admission during their course of study.
E] Any
Ashok Chand Singhvi vs. University of Jodhpur and Ors. (1989) 1 SCC 399
Council For Indian School Certificate Examination Vs Isha Mittal & Anr. (2000) 7 SCC 521;
C.B.S.E. & Anr. Vs. P. Sunil Kumar & Ors. (1998) 5 SCC 377;
State of Orrisa & Anr. Vs. Mamata Mohanty (2011) 3 SCC 436;
State of Rajasthan & Ors. Vs Lata Arun (2002) 6 SCC 252; and
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.
Admissions should not be cancelled without any wrongdoing or default on the part of the candidate, and the responsibility of the institution in granting admissions is emphasized.
The university cannot cancel a degree after the completion of the course and must follow a fair procedure in reaching such decisions.
The cancellation of Ph.D. registration was upheld based on the unsatisfactory performance of the petitioner and the university's adherence to proper procedure.
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.
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