Kerala High Court
Smt. Arya C Babu vs Kerala Agricultural University on 9 August, 2024
2024:KER:61342
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 9TH DAY OF AUGUST 2024 / 18TH SRAVANA, 1946
WP(C) NO. 41671 OF 2023
PETITIONER:
SMT. ARYA C BABU
AGED 26 YEARS
W/O GOKULDAS P G, THIRUVATHIRA, NEAR NURSING
HOSTEL, PUTHENCHANDA P.O, VARKALA., PIN - 695141
BY ADVS.
P.RAVEENDRAN
ARUN BOSE
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR, MAIN CAMPUS
VELLANIKKARA , THRISSUR, KERALA., PIN - 680656
2 THE VICE CHANCELLOR
KERALA AGRICUTURAL UNIERSITY, MAIN CAMPUS
VELLANIKKARA, THRISSUR, KERALA., PIN - 680656
3 THE DIRECTOR
KERALA AGRICULTURAL UNIERSITY, MAIN CAMPUS
VELLANIKKARA, THRISSUR, KERALA., PIN - 680656
4 THE UNIVERSITY GRANTS COMMISSION
MINISTRY OF HUMAN RESOURCES DEVELOPMENT,
WP(C) NO.41671 OF 2023
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2024:KER:61342
GOVERNMENT OF INDIA BHADUR SHAHY ZAFAR MARG, NEW
DELHI, REPRESENTED BY ITS SECRETARY., PIN - 110002
5 INDIAN COUNCIL OF AGRICULTURAL RESERCH (ICAR)
KRISHI BHAVAN, DR RAJENDRA PRASAD ROAD OPP-RAIL
BHAVAN, NEW DELHI., PIN - 110001
BY ADVS.
M.V.ANANDAN
S. Krishnamoorthy S
KRISHNA T C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.41671 OF 2023
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2024:KER:61342
ZIYAD RAHMAN A.A, J.
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WP(C) No.41671 of 2023
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Dated this the 9th day of August, 2024
JUDGMENT
The petitioner is a candidate for the Ph.D. Course (Vegetable Science) conducted by the Kerala Agricultural University (KAU), the first respondent herein, for the 2023- 2024 batch. This writ petition was submitted by the petitioner being aggrieved by the non-inclusion of the name of the petitioner in the provisional rank list published by the respondents for Ph.D, on the reason that the petitioner does not have the graduation with accreditation of Indian Council of Agricultural Research (ICAR).
2. The facts that led to the filing of this writ petition are as follows. On the basis of Ext.P5, which is the prospectus issued by the 1st respondent University for 2023-2024, the petitioner submitted Ext.P6 application. The petitioner, is a WP(C) NO.41671 OF 2023 4 2024:KER:61342 post graduate in Agriculture (Horticulture) from Sam Higginbottom (SUATS) University of Agriculture, Technology & Sciences. The post graduate degree obtained by the petitioner is accredited with the ICAR. Her Bachelor degree from Ambedkar University (earlier known as Agra University) is evidenced by Ext.P1. In Ext.P5, clause 2 (B) (a) mentions the qualifications required for admission to Ph.D, which reads as follows:
"Master's Degree in the respective discipline /related discipline from the faculty concerned. A basic degree in Agri./ Hort./Forestry/ Agrl. Engg. is essential. 4 years Basic Degree (UG) + 2 years PG from a University / Institution accredited by ICAR will be strictly followed."
3. According to the petitioner, for being qualified to seek admission, the accreditation is contemplated only for the postgraduate degree, which he possesses. However, when the Ext.P7 provisional rank list was published, the name of the petitioner was not included. On enquiry with the 1 st respondent University, it was informed that the petitioner has WP(C) NO.41671 OF 2023 5 2024:KER:61342 to forward a copy of the accreditation certificate for graduation as well. It was also noticed that in the provisional list already published, two of the persons included therein did not have accreditation for graduation. Therefore, the petitioner submitted a complaint in this regard before the Authorities concerned and thereupon, Ext.P7 list was revised and Ext.P9 list was published, excluding the two persons referred to by the petitioner in his complaint. Thereafter, Ext.P10 was published by the first respondent University, which contains the names of the persons whose applications were rejected. The petitioner is included in Ext.P10 as Serial No.16 and the reason for rejection is shown as "Accreditation of the University". This writ petition is submitted by the petitioner in such circumstances, seeking the following reliefs.
"i) To issue appropriate writ, order or a direction and to call for records leading to Exhibit P7 and to quash Exhibit P7 and Exhibit P9 to the extent it exclude the as illegal, discriminatory and issued in violation of the Rules.
(ii). To declare the following :-
WP(C) NO.41671 OF 2023 6 2024:KER:61342
(a). that the petitioner is entitled to be included in the final allotment on the basis of her merit.
(b). that the petitioner has necessary Accreditation for the PG course to be eligible for admission as per Exhibit P5.
(iii). To issue appropriate writ or orders directing the respondents 1 to 3 to include the applicant in the final select list on the basis of her merit."
4. A counter affidavit and additional counter affidavit have been submitted by the respondent University. It is asserted that, as per the requirements, accreditation is required for both graduation and post graduate studies. It was also averred that, even though the petitioner was granted ample opportunity to produce the necessary certificates, she failed to produce the same.
5. The petitioner submitted reply affidavit and additional reply affidavit in response to the averments in counter affidavit and additional counter affidavit filed by the respondents. Besides, along with the reply affidavit, the WP(C) NO.41671 OF 2023 7 2024:KER:61342 petitioner produced Ext.P20 and P21, which were applications submitted by the petitioner under the Right to Information Act and the reply thereof, respectively, wherein, it is mentioned that for the period year 2022-2023, 87 persons were given admission to Ph.D out of which 4 persons were not having accreditation for graduation.
6. Heard Sri. P. Raveendran, learned counsel appearing for the petitioner and Sri. M.V. Anandan, learned Standing Counsel for the respondent, and also Sri. T.C. Krishna, learned Standing Counsel for the 5th respondent.
7. The only question that arises for consideration is whether the prospectus published by the University contemplates the requirements of accreditation of ICAR for both post graduation and graduation. On a plane reading of Clause 2 (B) (a), which is extracted above indicates that, there is some lack of clarity with respect to the same. It could be possible to interpret that the accreditation of ICAR, is made mandatory for post graduate degree alone. When the WP(C) NO.41671 OF 2023 8 2024:KER:61342 said question is considered, the manner in which the said clause was understood by the University, as is discernible from the previous conduct of its own, becomes relevant. As rightly pointed out by the learned counsel for the petitioner, Ext.P21 would indicate that, for the academic year 2022- 2023, four persons were granted admission to Ph.D course without insisting for the accreditation for the graduation. Similarly, in Ext.P7 provisional list published, two persons were initially included who were not having the accreditation for graduation course. They were removed from the said list only after the petitioner placed a complaint with respect to the same, as he asserted his rights when he was not included in Ext.P7. Ext.P22 is yet another prospectus published by the 1st respondent University for Ph.D Animal Science. In Ext.P22, there is no stipulation with regard to the requirement of accreditation. The learned Standing Counsel for the respondents, produced the prospectus for 2021 along with a memo dated 07.08.2024 and the minutes of the meeting of WP(C) NO.41671 OF 2023 9 2024:KER:61342 the academic council wherein the prospectus for 2023-2024 were approved. It is contended by the learned Standing Counsel that, the prospectus now stands is ratified by the Academic Council of Kerala Agricultural University. Therefore it was contended that the petitioner cannot be given admission, without accreditation of ICAR graduation. However, the crucial aspect to be noticed is that, going by the stipulation contained in Clause 2 (B)(a) of the Ext.P5 prospectus, it is difficult to conclude that accreditation for graduation is a mandatory requirement. The fact that the University itself gave admission to persons without accreditation for graduation in previous years is a fact that cannot be ignored. Besides, in Ext.P22, which is a prospectus issued for Animal Science, they are not insisting for such accreditation. Even though in the additional reply affidavit submitted by the first respondent, it is clarified that, the admission given to the persons without accreditation was a mistake occurred on the part of the University, the same WP(C) NO.41671 OF 2023 10 2024:KER:61342 cannot be accepted as such. This is particularly because, the first respondent could not produce any documents, which specifically indicates that, a conscious decision was taken to insist for the accreditation of ICAR to the graduation course as an essential criteria for getting admission to the Ph.D. No other statutory regulations or legal provisions supporting the said contention also could be brought to the notice of this court by the respondent.
In such circumstances, I do not find any justification in the stand taken by the University by excluding the name of the petitioner from the list of eligible candidates to get admission for Ph.D. Accordingly, this writ petition is disposed of quashing Ext.P10, with a direction to the first respondent to consider the petitioner for admission in Ph.D Course, and grant admission, if she is otherwise meritorious. However, it is clarified that no observations made in this judgment would preclude the University from making necessary clarifications WP(C) NO.41671 OF 2023 11 2024:KER:61342 or including any additional conditions in the prospectus for future admission process.
Sd/-
ZIYAD RAHMAN A.A. JUDGE Pvv WP(C) NO.41671 OF 2023 12 2024:KER:61342 APPENDIX OF WP(C) 41671/2023 PETITIONER'S EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE BACHELOR CERTIFICATE ISSUED BY DR.BHIMRAO AMBEDKER UNIVERSITY, AGRA ON 31.12.2020.
EXHIBIT-P2 A TRUE COPY OF THE FINAL MARK SHEET IN THE M.SC (HORTICULTURE) FROM THE SAM HIGGINBOTTOM UNIVERSITY OF AGRICULTURE, TECHNOLOGY AND SCIENCES ON 1.10.2022. EXHIBIT-P3 A TRUE COPY OF THE DEGREE CERTIFICATE IN MASTER OF SCIENCE IN AG. HORTICULTURE (VEGETABLE SCIENCE) ISSUED BY THE SAM HIGGINBOTTOM UNIVERSITY DATED 27.10.2022. EXHIBIT-P4 A TRUE COPY OF THE SCORE CARD ISSUED BY THE ICAR AICE-JRF/SRF (PH.D- 2023) TEST DATED 21.8.23.
EXHIBIT-P5 A TRUE COPY OF THE POST GRADUATE PROGRAM PROSPECTUS FOR THE YEAR 2023-24.
EXHIBIT-P6 A TRUE COPY OF THE ONLINE APPLICATION FOR ADMISSION TO PH.D (VEGETABLE SCIENCES) DATED 21.9.23.
EXHIBIT-P7 A TRUE COPY OF THE RELEVANT PAGES OF THE PROVISIONAL RANK LIST 2023 PUBLISHED ON 22.11.23.
EXHIBIT-P8 A TRUE COPY OF THE ICAR ACCREDITATION ISSUED TO THE PG COURSE AT THE SAM HIGGINBOTTOM UNIVERSITY DATED NOVEMBER 2017.
EXHIBIT-P9 A TRUE COPY OF THE REVISED PROVISIONAL LIST PUBLISHED BY THE THIRD RESPONDENT ON WP(C) NO.41671 OF 2023 13 2024:KER:61342 6.12.23.
EXHIBIT-P10 A TRUE COPY OF THE REJECTION LIST PUBLISHED BY THE THIRD RESPONDENT PUBLISHED ON 6.12.23.
EXHIBIT-P11 A TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BEFORE THE FIRST RESPONDENT ON 29.11.2023.
EXHIBIT-P12 A TRUE COPY OF THE GUIDELINES FOR CENTRALIZED ADMISSION TO DOCTORAL DEGREE PROGRAMS IN THE ICAR-AU SYSTEM WITH A COMMUNICATION FROM ICAR F.NO.EDN/1/32/2007EXAMCELL DATED 30.12.14.
EXHIBIT-P13 A TRUE COPY OF THE ADMISSION SCHEDULE FOR PH.D PROGRAM ISSUED ON 8.12.23.
RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE ANNEXURE XII OF INFORMATION BULLETIN FOR ICAR
-AICE-]RF/SRF (PH.D.) 2023 EXHIBIT R1(B) TRUE COPY OF THE CLAUSE 3.1 OF INFORMATION BULLETIN FOR ICAR - AICE- JRF/SRF (PH.D.) 2023 EXHIBIT R1(C) TRUE COPY OF THE CLAUSE 3.1.1 OF AICE ONLINE COUNSELLING BROCHURE 2023 PETITIONER EXHIBITS EXHIBIT-P14 A TRUE COPY OF THE NOTIFICATION F. NO.
ACCRE.6(1)/2019- EQR/EDN (PART-2) DATED 08.05. 2023 BY ICAR.
EXHIBIT P15 A TRUE COPY OF THE ORDER BY THE WP(C) NO.41671 OF 2023 14 2024:KER:61342 INFORMATION COMMISSION DATED 27.5.24. EXHIBIT P16 A TRUE COPY OF THE RTI REQUEST DATYED 8.12.23 SUBMITTED BY THE PETITIONER. EXHIBIT P17 A TRUE COPY OF THE REPLY INITIALLY ISSUED BY THE PIO NO. KAU/EDU/1587/2023-EDUBI DATED 6.1.24.
EXHIBIT P18 A TRUE COPY OF THE REPLY BY THE PIO NO.
KAUEDU/1587/2023-EDUBI DATED 7.6.24. EXHIBIT P19 A TRUE COPY OF THE RELEVANT PAGE OF THE ONLINE ADMISSION PORTAL.
EXHIBIT-P20 A TRUE COPY OF THE RTI REQUEST DATED 11.6.2024 SUBMITTED BY ONE SRI. AKHILDAS. EXHIBIT-P22 A TRUE COPY OF THE NOTIFICATION FOR PH.D IN ANIMAL SCIENCE FOR 2024-25.
EXHIBIT-P21 A TRUE COPY OF THE REPLY INITIALLY ISSUED BY THE PIO NO. KAUEDU/1534/2024 EDU-BI DATED 1.7.24.