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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

JUDGMENT

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.765/2014

The Dean and Faculty Chairman, Swami Keshwanand

Rajasthan Agriculture University, Bikaner & Anr.

Vs.

Guddi @ Ruchika & Anr.

DATE OF JUDGMENT :::

22.09.2014

PRESENT

HON'BLE THE ACTING CHIEF JUSTICE MR. SUNIL AMBWANI

HON’BLE MR.JUSTICE VIJAY BISHNOI

Mr. Manish Shishodia for the appellants.

Mr. Parvej Moyal for respondents.

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BY THE COURT:

Heard learned counsel for the parties.

Having secured 72% marks in Secondary Examination

with the subjects in Physics, Chemistry and Biology by the

respondent-1 (petitioner), who is a candidate belonging to

Scheduled Caste category, she appeared in the Joint Entrance

Test (JET) – 2013 for various programmes including B.Sc.

(Hons.) Agriculture. She secured 33.48% marks in the JET-

2013, whereas the cut off marks in her category for admission

were 18.44%.

The respondent No.1 with 33.48% marks, applied for

admission in B.Sc.(Hons.) Agriculture course. The University

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admitted her to the said course. After her admission, the

University found that she, having opted 'Home Science' as one

of the subjects in the Joint Entrance Test, could not be

admitted in B.Sc. (Hons.) Agriculture and cancelled her

admission. By that time, the respondent No.1-petitioner,

admitted in the college of Agriculture, Mandore, Jodhpur and

started pursuing her studies.

An interim order was passed by learned Single Judge

allowing her to proceed with her studies in B.Sc. (Hons.)

Agriculture. The interim order continued until it was vacated

on a day in the absence of the counsel appearing for

respondent No.1-petitioner.

By the impugned judgment, learned Single Judge,

considering the facts and circumstances of the case and

judgments of Hon'ble Supreme Court cited by learned counsel

for the University, allowed the writ petition with the finding

that the responent No.1-petitioner, was eligible for the B.Sc.

(Hons.) Agriculture Programme in the College of Agriculture,

Mandore, Jodhpur. She had committed a bonafide error in

opting for B.Sc. (Hons.) Agriculture which is not permissible

for the students, who had opted for the subject 'Home

Science' as well as all the subjects given in Joint Entrance Test

(JET) – 2013. She was given admission by way of a bonafide

error which was thereafter sought to be rectified. Learned

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Single Judge observed in his order that by admitting the

petitioner to the B.Sc. (Hons.) Course in Agriculture in College

of Agriculture, Mandor, Jodhpur, no one has suffered a loss as

there are still number of seats vacant in the course which

were not taken up by any students, who had appeared in the

Joint Entrance Test, 2013.

Learned counsel for the University submits that the

entire judgment of learned Single Judge is based on the

principles of equity which is not attracted in college admission,

when the admission is wrongly given. He submits that it was

clearly provided in the Information Booklet with guidelines for

filling up of option forms (online) for admission in different

colleges under SKRAU, Bikaner & MPUAT, Udaipur for Joint

Entrance Test (JET) that a candidate, who opts for 'Home

Science' as a subject in JET, will not be admitted in B.Sc.

(Hons.) Agriculture Course. She took a chance in securing

higher marks, which are ordinarily awarded in the subject of

Home Science, as compared to other subjects. Despite clear

guidelines, she opted for B.Sc. (Hons.) Agriculture Course

which was given to her by the University. The error was

rectified at the earliest opportunity.

Learned counsel appearing for the University further

submits that learned Single Judge has recorded a finding that

the petitioner, having opted for the subject 'Home Science', as

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one of the subjects for Joint Entrance Test (JET) – 2013, could

not be admitted for B.Sc.