Rajasthan High Court - Jodhpur
Jitendra vs Jai Narayan Vyas University Jod. & Anr on 17 October, 2016
Author: Sandeep Mehta
Bench: Sandeep Mehta
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
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CIVIL WRIT (CW) No. 9469 of 2016
PETITIONER:
Jitendra S/o Shri Narendra ji, Aged about 19 years, R/o
Binjariyan Ki Dhani, Gangana Road, Pal Village, District
Jodhpur, Rajasthan.
VS
RESPONDENTS:
1. Jai Narain Vyas University, Jodhpur Through its
Registrar.
2. Lachoo Memorial College of Science & Technology,
Through its Principal, Sector-A, Shastri Nagar, Jodhpur
(Raj.)
Date of Order : 17.10.2016
HON'BLE MR. SANDEEP MEHTA,J.
Mr. Nikhil Dungawat, for the petitioner.
Mr. Kuldeep Mathur & Mr. Ashok Chhangani, for the
respondents.
ORDER
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By way of this writ petition, the petitioner Jitendra s/o Shri Narendra has approached this Court for assailing the order Annexure-4 dated 11/12.08.2016 passed by the respondent no. 2 Lachoo Memorial College of Science & Technology an autonomous institution whereby the petitioner's admission in the B.B.A. Course First Semester for the academic year 2016-17 was cancelled.
The petitioner has assailed the said order on numerous grounds; one of those being that the principles of 2 natural justice were not followed before issuance of the said order and the petitioner was not provided any opportunity of hearing by the respondent no.2 prior to cancellation of his admission.
Reply to the writ petition has been filed on behalf of the respondent institution by Mr. Kuldeep Mathur, Advocate wherein it is specifically pleaded that the petitioner made a false declaration and submitted affidavit with false facts while taking admission in the B.B.A. Course for the academic session 2016-17. The petitioner had earlier taken admission in the very same institution in the B.Sc. Course in the year 2014-15 and B.C.A. Course in the year 2015-16. However, for reasons best known to him, the petitioner did not pursue these courses. While submitting the affidavit in support of the application for admission in the present session of the B.B.A. Course, the petitioner deliberately concealed the fact that he had taken admission in the above two courses in the respondent college. He specifically mentioned in the affidavit submitted along with the application form that in the academic session 2014-15 and 2015-16 he could not continue his educational pursuits because he was preparing for competitive examinations and that he had not taken admission in any college/university during that period. An undertaking was furnished by the petitioner at the time of admission wherein it was 3 specifically agreed that in case, any of the informations supplied to the college while taking admission was found to be false, the admission of the petitioner would be cancelled automatically. Reference is also made to the admission policy adopted by the College under Clause 5.1.2 whereof, it is specifically provided that admission of candidate who provides false information while getting admission can be cancelled. In reference to the said clause as well as the Clause no. 5.4.2 of the policy, the respondent no. 2 has defended its action in cancelling the petitioner's admission.
Respondent no. 1 Jai Narain Vyas University has filed a reply wherein it has feigned ignorance to the entire controversy.
I have considered the submissions advanced by the learned counsel for the parties and have gone through the material available on record.
It is an admitted position from the material available on record that while applying for admission in B.B.A. Course Ist Semester for the Session 2016-17, being offered by the respondent institution the petitioner furnished a affidavit wherein, the fact regarding he having taken admission in the two other courses offered by the same institution in the academic sessions 2014-15 (B.Sc.) and 2015-16 (B.C.A.) was concealed. Rather, a blatantly false statement was made in the affidavit that the petitioner was pursuing his 4 preparation for competitive examinations and thus did not take admission in any college/University during this period. Considering the terms and conditions of the Admission Policy adopted by the college and so also the fact that petitioner took recourse to blatant falsehoods for procuring admission in the institution, this Court is of the firm opinion that the action of the respondents institute in cancelling the admission of the petitioner in the institution vide order Annexure-4 dated 11/12.8.2016 is perfectly just and legal. No notice to show cause or opportunity of hearing was required to be given to the petitioner in view of the admitted position of facts narrated above.
As a consequence, the writ petition being devoid of any merit is hereby dismissed. The stay application is also dismissed.
( SANDEEP MEHTA ),J.
/sushil/