Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA, J.
Sakshi Chauhan & another – Petitioner
Versus
Dr. Yashwant Singh Parmar University of Horticulture and Forestry & another – Respondent
CWP No.369 of 2021
Decided On : 06-03-2021
Educational Laws – Admission – Rejection of – Respondent No.1/University in May 2020, published its prospectus for admission to M.Sc/MBA (Agri Business Programme) for academic session 2020-2021 – Last date for receipt of application form – Application form alongwith late fee could be submitted – Entrance test was scheduled – Chapter-III of prospectus pertained to ‘admission to normal and self financing seats’. – Clause 3.1 (a)(iv) whereof prescribed minimum qualification i.e. eligibility of candidates for different disciplines of M.Sc/MBA (Agri Business Programme) – Aggrieved against rejection of their candidature for admission to M.Sc (Agri Business Programme) by respondent No.1/University, petitioners have preferred instant writ petition – Held, Petitioners have obtained B.Sc (Hons) Agriculture degrees from respondent No.2University, which is not under ICARAU system. – Respondent No.2 is not State Agricultural University/Central Agricultural University/Central University with Agriculture faculty. – It is a private university affiliated/recognized by the UGC. – Petitioners have not obtained B.Sc (Medical) degree from a UGC recognized university. – Petitioners definitely do not fall under the first two clauses. – Names of the petitioners cannot even be considered under third clause as they have not passed out B.Sc Medical either from ICARAU system or from UGC recognized University. – Petitioners have passed out from a private University recognized by UGC, however, their degrees were B.Sc (Hons) Agriculture and not B.Sc Medical. – Averment in writ petition that in past respondent No.1 has admitted students having B.Sc (Hons) Agriculture from respondent No.2University cannot come to aid of petitioners in view of clear eligibility criteria prescribed in prospectus issued in May 2020, for year 20-2021. – There could be many such candidates who might not have applied in view of clear stipulation of prospectus and there could be many such candidates whose candidature might have been rejected by respondent No.1 on grounds similar to ones taken for rejecting candidature of petitioners. – Howsoever hard case of petitioners may appear to be, fact cannot be lost sight of, that petitioners had applied under terms stipulated in original prospectus & have also based their claim in instant petition on such terms/eligibility criteria as contained in original prospectus issued in May 2020. – There is no challenge to eligibility criteria as laid down in prospectus issued in May 2020. – As already observed, petitioners do not satisfy eligibility criteria as laid down in original prospectus. – Judgments cited by counsel for petitioners with respect to change of rules of game after issuance of prospectus are not applicable to facts of instant case, where petitioners do not satisfy eligibility criteria even as per original prospectus. – No other point was urged. – It cannot be said that petitioners satisfy eligibility criteria laid down in prospectus issued in May, 2020 for admission to M.Sc (Agri) Entomology/Plant Pathology. – Accordingly, finding no merit in instant writ petition, same is dismissed – Writ Petition Dismissed
JUDGMENT :
JYOTSNA REWAL DUA, J.
1. Aggrieved against rejection of their candidature for admission to M.Sc (Agri Business Programme) by respondent No.1/University, the petitioners have preferred the instant writ petition.
2(i) Respondent No.1/University in May 2020, published its prospectus for admission to M.Sc/MBA (Agri Business Programme) for academic session 2020-2021. The last date for receipt of application form was 8.6.2020. The application form alongwith late fee could be submitted by 15.6.2020. The entrance test was scheduled for 27.6.2020. Chapter-III of the prospectus pertained to ‘admission to normal and self financing seats’. Clause 3.1 (a)(iv) whereof prescribed minimum qualification i.e. eligibility of candidates for different disciplines of M.Sc/MBA (Agri Business Programme). Relevant clause under this chapter is extracted hereinafter:
The eligibility criteria of candidates to the different disciplines of M.Sc/MBA (Agri Business) programmes is given below:
(iv) Bsc (Hons) Horticulture/B Sc Horticulture/B.Sc (Hons) Forestry/ B Sc Forestry 4 years programme under ICARAU system (SAUs/ CAUs/ CU’s with Agriculture faculty). However, if seats remain vacant, the candidates with B Sc (Hons) Biotechnology/B Tech Biotechnology, B Sc (Hons) Agriculture/ B Sc Agriculture under ICARAU system (SAUs/ CAUs/ CU’s with Agriculture faculty) shall be considered on merit basis in order of preference. If seats still remain vacant the candidates with BSC Medical under ICARAU system or UGC recognized universities will be considered on merit basis.”
2(ii) Both the petitioners had passed Bachelors of Science (Hons) in Agriculture from respondent No.2/University in the year 2020. Respondent No.2/University is a private university, stated to be affiliated/recognized by the University Grant Commission (hereinafter referred as UGC). Respondent No.2University’s name figures at Sr. No. 266 of the list of universities (Annexure P2) affiliated/recognized by the UGC. The petitioners applied for Postgraduate course in terms of the time line indicated in the prospectus.
2(iii) On 26.11.2020, respondent No.1/University in view of adoption of a new reservation roster and due to Covid19 pandemic, revised/amended its prospectus for admission to the B.Sc/M.Sc/MBA (Agri Business Programme). Under the amended prospectus, the reservation roster was statedly modified and seats were shuffled from one discipline to another. The provision of entrance test stipulated under clause 3.3 of the original prospectus also underwent change. Under the amended clause 3.3, there was to be no entrance test for PGET2020 for admission in Postgraduate programme for the academic year 2020-2021. In view of Covid19 pandemic, the merit list of candidates was to be prepared by taking into account their OCPA/Marks obtained in the qualifying degree plus weightage of sports (cultural) cocurricular activities, NCC, Scouting and MSS, if any. However, the minimum qualification/eligibility criteria as prescribed earlier in Chapter-III of the original prospectus remained unchanged. Under amended prospectus the candidates were required to send their counselling proformas alongwith relevant certificates. Petitioner No.1, accordingly, submitted her counselling proforma for normal seat as well as self financing seat indicating her preferences in seriatum. Similarly, petitioner No.2 also furnished her counselling proforma for normal seat.
2(iv) On 3.12.2020, respondent No.1 issued a notice, relevant portion whereof, is extracted hereinafter:
Admission criteria must be clear, consistent, and just to prevent undue hardship, allowing the Supreme Court to intervene under Article 142 to confer degrees when students fulfill all academic requir....
Admission criteria cannot be altered post-publication of eligibility requirements; disqualifications must be explicitly stated in the prospectus.
Eligibility criteria for academic admissions cannot be altered after the admission process has commenced, ensuring fairness in selection.
Candidates must strictly adhere to eligibility criteria as outlined in the university's prospectus, and institutions are justified in cancelling admissions if these criteria are not met.
Eligibility conditions (ii) and (iii) for admission to the B.Ed. programme should be interpreted independently, and satisfaction of either condition entitles the candidate to admission in the selecte....
Irregular admissions due to omission of MCI requirements in prospectus being bona fide mistake, students should not suffer.
The main legal point established in the judgment is the application of Regulation 17(a)-2(iii) and the court's reliance on precedents to allow the issuance of the consolidated marksheet of M.Sc. (Com....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
