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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
Tirupati Balaji Education Trust - Appellant
Versus
Union of India - Respondent
CW / 12624 / 2022
Decided On : 24-02-2025
(A) Writ Petitions - Enhancement of seats for Post Graduate Courses - The number of seats for Post Graduate Courses was increased from 96 to 150 by the respondents during the pendency of the writ petitions - Interim orders for filling up 96 seats made absolute. (Paras 1-4)
(B) Relief granted - The relief sought in the writ petitions has already been granted, thus the petitions are disposed of accordingly. (Paras 3-4)
Facts of the case:
The petitioners sought enhancement of seats for Post Graduate Courses for the Academic Sessions 2022-23 and 2023-24, which was granted by the respondents during the pendency of the petitions.
Findings of Court:
The interim orders for admitting 96 students are made absolute, and the petitioners are allowed to take 150 students for the Post Graduate Course.
Issues: The main issue was whether the interim orders for filling up the original 96 seats should be made absolute after the increase in seats.
Ratio Decidendi: The court found that since the relief sought had already been granted, the petitions could be disposed of without further orders.
Result: Writ petitions disposed of.
ORDER :
VINIT KUMAR MATHUR, J.
Heard learned counsel for the petitioners.
2. Learned counsel for the petitioners submits that in both the writ petitions prayer was made for enhancement of the seats for Post Graduate Courses of Academic Sessions 2022-23 and 2023- 24. He further submits that during the pendency of these writ petitions, the respondents have increased the number of seats for Post Graduate Courses from 96 to 150 by passing the orders dated 09.07.2024, 10.07.2024, 14.07.2024, 02.12.2024 and 04.12.2024. He further submits that since the seats of the petitioner-College have already been increased by the respondents themselves, therefore, the interim orders granted by this Court on 14.09.2022 and 02.09.2023 for filling up the 96 seats in 12 disciplines for the Academic Sessions 2022-23 and 2023-24 may be made absolute.
3. Learned counsel for the respondents is not in a position to refute the submissions made by the counsel for the petitioners and submits that the number of seats have been increased from 96 to 150 for the Post Graduate Courses in the petitioner-Colleges.
4. In view of the submissions made before this Court, the present writ petitions are disposed of as the relief prayed for in the writ petitions have already been granted to the petitioner- College and the interim orders dated 14.09.2022 and 02.09.2023 passed by this Court for admitting 96 students in the Post Graduate Courses are made absolute.
5. In pursuance of the orders dated 09.07.2024, 10.07.2024, 14.07.2024, 02.12.2024 and 04.12.2024, the petitioners will be free to take 150 students for Post Graduate Course.
The court affirmed that relief sought in writ petitions was granted, allowing the petitioners to admit 150 students for Post Graduate Courses.
The Court affirmed that the implementation of EWS reservation requires a 25% increase in total seats, mandating fair allocation as per the Reservation Policy.
Court reaffirmed the necessity of timely processing applications for educational seat enhancements, emphasizing adherence to statutory timelines under the National Medical Commission Act.
Existing institutions' applications for seat enhancement must be processed on merits per prior Division Bench directions, subject to infrastructure verification.
Existing allied health institutions' applications for intake increase in ongoing courses must be processed by university on merits, per prior Division Bench directions.
Interim orders allowing increases in medical college seats without proper approval are impermissible and jeopardize students' futures.
Existing institutions may seek additional course intakes despite unframed regulations under the Doctrine of Necessity.
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