IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Anuradha (Miss) D/o Shri Suresh Kumar – Appellant
Versus
Sri Karan Narendra Agriculture University – Respondent
S.B. Civil Writ Petition No. 14669 of 2023, S.B. Civil Writ Petition No. 14731 of 2023, S.B. Civil Writ Petition No. 14855 of 2023
Decided on : 05-10-2023
Admission - Ph.D. Program in Agriculture - 2023-24 - [M.Sc Ag. (Agronomy)] - [Section 6 of the Agricultural University Kota Act, 2013, Section 14(3)(iv) of the Act of 2013] - The court allowed the writ petitions and directed the respondents to restore the admissions of the petitioners in the Course(s) in question.
Fact of the Case:
The petitioners were admitted to pursue Post Graduation Degree [M.Sc Ag. (Agronomy)] from Sam Higginbottom University of Agriculture, Technology and Sciences Prayagraj (U.P.) and applied for admission in the Ph.D program in Agriculture. The respondents cancelled the petitioners' admission citing non-fulfillment of essential qualifications.
Finding of the Court:
The court observed that the petitioners possess valid Post Graduation Degrees recognized by the respondents and were eligible for admission as per the guidelines. The court found the cancellation of admission to be illegal and arbitrary.
Issues: The main issue was the cancellation of the petitioners' admission based on non-fulfillment of essential qualifications as per the guidelines for Ph.D Entrance Examination 2023.
Ratio Decidendi: The court relied on previous judgments to establish that the blame for wrongful admission lies more upon the institution than the candidates. It also emphasized that the respondents cannot discriminate between similarly situated students in the same examination when admissions were granted as per the guidelines in vogue at the relevant time.
Final Decision: The court allowed the writ petitions and directed the respondents to immediately restore the admissions of the petitioners in the Course(s) in question.
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 other appropriate order or relief which this Hon’ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble petitioners.
F] Cost of litigation may kindly be awarded to the humble petitioners.
SBCWP No.14731/2023 :
“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 order dated 16.09.2023 (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 her Ph.D. Degree.
C] By an appropriate writ order or direction, the respondents be restrained from conducting on-spot counseling for the seats for which the petitioner has already been granted admission to pursue her 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 her course of study.
E] Any other appropriate order or relief which this Hon’ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble petitioner.
F] Cost of litigation may kindly be awarded to the humble petitioner.”
SBCWP No.14855/2023 :
“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 order dated 20.09.2023 (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 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 other appropriate order or relief which this Hon’ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble petitioners.
F] Cost of litigation may kindly be awarded to the hu
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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