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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI, J.
Mitali Kalal Choudhary, D/o. Udai Lal Choudhary and Ors. – Petitioners
Versus
The State of Rajasthan, through the Secretary, Department of Agriculture, Government of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 6197 Of 2024 Connected With S.B. Civil Writ Petition No. 6113 Of 2024, S.B. Civil Writ Petition No. 6472 Of 2024
Decided On : 28-05-2024
| Table of Content |
|---|
| 1. court allows joint hearing of writ petitions. (Para 1 , 2) |
| 2. petitioners challenge guidelines for ph.d. admission. (Para 3 , 4 , 6 , 7) |
| 3. argue guideline discrimination for admission. (Para 5 , 8 , 9 , 11 , 12) |
| 4. contention on arbitrary admissions vs. guidelines. (Para 10 , 13 , 14) |
| 5. previous court orders cited for comparison. (Para 15) |
| 6. court reviews submissions and facts. (Para 19 , 20 , 21) |
| 7. court's observations on the relevancy of past judgments and guidelines. (Para 22) |
| 8. affirmation of guidelines validity; no violation of law. (Para 24 , 27 , 29) |
| 9. writ petition dismissed; guidelines upheld. (Para 30 , 37) |
| 10. final ruling on the validity of eligibility criteria for admissions. (Para 31 , 36) |
ORDER :
(Nupur Bhati, J.) :
[Civil Writ Petition Nos. 6472/2024 and 6113/2024]
1. Though the matter had been listed in the ‘Fresh’ category, at the joint request of both the parties, the matter is heard finally today itself.
2. Both the writ petitions, Civil Writ Petition No. 6472/2024 and Civil Writ Petition No. 6113/2024 are being decided by this commonorder, however, facts of Civil Writ Petition No. 6472/2024 are illustratively taken for consideration.
3. This writ petition has been filed under Article 226 of the Constitution of India, challenging the condition/clause bulleted point no. 4 of 2.1 of the guidelines issued for the Pre-Ph.D. Examination 2024 (Annex.11). The petitioners have also sought directions to the respondents to permit the petitioners to fill the entrance form for the admission to Ph.D. programme in Agriculture Universities in Rajasthan for academic session 2024 in pursuance to the Notification dated 09.03.2024 (Annex.10) and further to grant admission to the petitioners to the Ph.D. programme in Agriculture Universities in Rajasthan for the academic session 2024 and allow them to pursue their Ph.D. degree, if they qualify and find place in the merit list of JET, 2024 and are above the cut-off in their respective category in pursuance to the Notification dated 09.03.2024 (Annex.10). Certain other ancillary relief(s) have also been sought by the petitioners.
4. Briefly stated, the facts of the case are that the petitioners are the students of the Sam Higginbottom Unviersity of Agriculture, Sciences and Technology, Prayagraj, Uttar Pradesh and have completed their post-graduation in M.Sc. Agriculture (Soil Science Agri Chemistry) and M.Sc. Agriculture (Agriculture Extension and Communication). SHUATS, Prayagraj has been recognized and accredited by ICAR, eligible for granting admissions in various M.Sc. programmes.
5. The petitioners have been admitted in the P.G. programme after participating in National Level Online Entrance Test conducted by SHUATS, for the academic session 2021-22 (Annex.2-colly).
6. Desirous of pursuing Ph.D. in Agriculture and Allied Sciences in State Agriculture Universities, Rajasthan, the petitioners tried filling the online application form, however, due to the name of their University, SHUATS, not appearing in the column against the title 'College/University' for the Ph.D. programme, the petitioners were not able to fill the application forms for the Ph.D. Entrance Examination since, under clause 2.1 of the General Guidelines for Ph.D. Examination 2023 (Annex.11), a mandatory condition has been imposed whereby only those students who had been admitted in their P.G. degree programme or U.G. degree programme from 2019 onwards through JET/ National-level CUET (ICAR)/ State level entrance examination (conducted by Government Body only) are eligible for their Ph.D. Entrance Examination, 2024.
7. Thus, aggrieved of the said clause 2.1 of the General Guidelines (Annex.11), the petitioners have filed the present writ petition.
8. Learned counsel for the petitioners, Mr. Nihar Jain and Mr. Raghu Nandan Sharma, jointly submitted that since the petitioners have acquired qual
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