Rajasthan High Court - Jaipur
Mahatma Jyoti Rao Phoole University vs The State Of Rajasthan on 4 June, 2020
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5793/2020
Mahatma Jyoti Rao Phoole University
----Petitioner
Versus
The State Of Rajasthan & Ors.
----Respondents
Connected With S.B. Civil Writ Petition No. 5472/2020 Jayoti Vidyapeeth Womens University, Jaipur
----Petitioner Versus The State Of Rajasthan & Ors.
----Respondents S.B. Civil Writ Petition No. 5595/2020 Monika Kumawat D/o Shri Kamlesh Kumar Bhurodia and Ors.
----Petitioners Versus The State Of Rajasthan and Ors.
----Respondents S.B. Civil Writ Petition No. 5596/2020 Ajeet Choudhary S/o Sitaram Choudhary and Ors.
----Petitioners Versus The State Of Rajasthan and Ors.
----Respondents For Petitioner(s) : Mr. Swadeep Singh Hora Mr. Rajendra Prasad, Sr. Adv. with Vinay Mathur Mr. Vigyan Shah For Respondent(s) : Mr. R A Katta Mr. Rajesh Maharshi, AAG Mr. Chiranji Lal Saini Mr. Raj Kumar Sharma (Downloaded on 05/06/2020 at 09:01:26 PM) (2 of 4) [CW-5793/2020] HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 04/06/2020
1. Heard counsels for the petitioners and counsels for the respondents through video conferencing.
2. Petitioners have preferred these writ petitions seeking permission for applying for Pre PG Examination.
3. The crux of the matter is that students appeared in common entrance examination conducted by the State Authorities and the students were allotted different universities including private universities. After completion of their courses in the private universities, they were earlier allowed to appear in the joint common entrance examination for higher studies but now the students of private universities have been denied from applying for the common entrance examination for higher studies on the ground that the institution from which they have obtained degree has not been accredited by the ICAR.
4. It is contended that even the State Universities are not accredited to the ICAR thus there should not be any discrimination and students can not be denied from appearing in the examination merely because ICAR has not given accreditation to the private universities. It is also contended that the Board of ICAR had given clarification in the Nineteenth (19th) meeting of the National Agricultural Education Accreditation Board that accreditation from ICAR is not mandatory, rather voluntary for the agricultural colleges/ programmes and universities, the students from non- accredited programmes/collages/ universities may not be denied (Downloaded on 05/06/2020 at 09:01:26 PM) (3 of 4) [CW-5793/2020] for higher studies and employment. However, for quality assurance, all State Universities and Private Universities offering courses in Agricultural Science should initiate process of accreditation with the Council.
5. It is informed by counsel appearing for private universities that they have already applied for accreditation with ICAR. Some of the universities at the time when they got approval from the State, applied to the Indian Council of Agricultural Research for seeking permission to run the agricultural courses and in reply they were informed that Indian Council of Agricultural Research does not give approval for any course programme offered by universities as agricultural education is a State subject.
6. Counsel appearing for the State contends that the matter with regard to mandatory accreditation by ICAR was a subject matter of dispute before Gujarat High Court and the Gujarat High Court has held that accreditation is mandatory.
7. Counsel for the petitioners contends that the dispute before the Gujarat High Court is not akin to that which is before this Court. The dispute here pertains to common entrance examination which is to be held by the State for higher studies. Even the State Universities are not accredited to ICAR, students appearing in universities have got admission after appearing in joint entrance test conducted by the State. It is contended that the right which has accrued cannot be taken away retrospectively.
8. Taking note of the entire facts and circumstances, I deem it proper to direct the State to entertain the application of the (Downloaded on 05/06/2020 at 09:01:26 PM) (4 of 4) [CW-5793/2020] students for the joint entrance examination. However, the same shall be the subject to final decision of the writ petition.
9. List after six weeks. In the meantime, counsel for the petitioners are directed to remove the defect/s.
10. Copy of this order be placed in the connected file.
(PANKAJ BHANDARI),J ARTI SHARMA/58-61 (Downloaded on 05/06/2020 at 09:01:26 PM) Powered by TCPDF (www.tcpdf.org)