Himachal Pradesh High Court
Sanchit Sahu vs Csk H.P. Krishi Vishvavidyalaya on 10 April, 2023
Bench: Sabina, Satyen Vaidya
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1500 of 2023 Date of Decision : April 10, 2023 .
Sanchit Sahu ......Petitioner
Versus
CSK H.P. Krishi Vishvavidyalaya ......Respondents
Coram:
The Hon'ble Ms. Justice Sabina, Acting Chief Justice The Hon'ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioners For the respondents :
:
Mr. Sanjeev Bhushan, Senior Advocate with Mr. Arun Kaushal, Advocate.
Ms. Aruna Chauhan, Advocate.
Sabina, Acting Chief Justice (Oral) Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:
"i) Issue appropriate writ order or direction may very kindly be issued directing the respondent to grant admission in M.Sc.
Agronomy against a vacant seat of ICAR quota as provided in the prospectus."
2. Learned counsel for the petitioner has submitted that respondent had issued a schedule for counselling for admission in Master's Degree Programme in ICAR AIEEA (PG) for academic session 2022-2023 in November, 2022. Petitioner, being fully eligible, had appeared in the counselling. University concluded the counselling process on 27th January, 2023 for admission in various streams. The 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 11/04/2023 20:39:27 :::CIS 2counselling process, so far as the ICAR is concerned, concluded on 23 rd February, 2023. One seat remained vacant in the stream of M.Sc.
.
Agronomy in ICAR quota. As per clause-6.0, of ICAR prospectus, the vacant seat after ICAR Counselling was to be treated as University seat.
One seat lying vacant in the stream of M.Sc. Agronomy, was to be filled up by the University by treating it as self financing seat. University conducted another counselling on 27th March, 2023. Akriti Jamwal had got admission in M.Sc. Agronomy, against self financing scheme. Since one seat was lying vacant, the said seat was liable to be offered to Akriti Jamwal under subsidized scheme. Consequently, one seat would now fall vacant in the self financing scheme. The said seat was liable to be offered to next person in the merit list by the University. The said seat was still lying vacant and the University has failed to fill up the same. If the seat lying vacant is not filled up, then one seat will remain unfilled in the self financing scheme. In case the said seat is not filled up, in fact, the University itself would suffer loss.
3. Learned counsel for the respondent-University has opposed the petition, but has failed to controvert the submissions made by learned senior counsel for the petitioner. However, it has been averred by the learned counsel for the respondent that the vacant seat in stream of M.Sc. Agronomy is liable to be offered to a candidate as per merit.
::: Downloaded on - 11/04/2023 20:39:27 :::CIS 34. Facts in the present case are not in dispute. Admittedly, counselling has been held by the ICAR as well as the University for filling .
up various posts in Master Degree Programme.
5. Clause 6.0 reads as under:-
6.0 FILLING OF VACANT SEATS AFTER THE COUNSELING The ICAR quota seats after the final round of online counseling, if remain vacant, shall automatically stand released to the Agricultural University concerned for filling up at their level and as per the procedure in vogue at the respective university. These seats will no more be called as ICAR seats and treated as university seats. Once the counseling/admission process is over, filling up of any subsequent vacancies created due to any reasons, shall not be the responsibility of ICAR. No correspondence in this regard will be entertained either from the universities or from any candidate."
6. Thus, as per the above provisions, any seat, which remains vacant after ICAR Counselling, the same is to be filled up by the concerned University. In the present case, the University had held its counselling before the ICAR counselling. In case University had conducted its counselling after ICAR counselling, then all the seats would have been filled up by the University as per merits.
7. Now, admittedly, one seat in M.Sc. Agronomy is lying vacant after ICAR counselling and the same is to be filled up by the respondent-
University on merit. It is further an admitted case that so far as Akriti Jamwal is concerned, she had got admission in M.Sc. Agronomy under ::: Downloaded on - 11/04/2023 20:39:27 :::CIS 4 self financing scheme. On account of a vacant seat after ICAR counselling, candidate Akriti Jamwal is now to be treated in the .
subsidized scheme. In consequence thereto, one seat in self finance scheme becomes vacant. The same is liable to be filled up on the basis of merit.
Accordingly, respondent-University is directed to fill up the vacant seat lying in self finance scheme as per merit within two days.
Pending application(s), if any, shall also stand disposed of.
(Sabina)
Acting Chief Justice
(Satyen Vaidya)
April 10, 2023 (ps) Judge
::: Downloaded on - 11/04/2023 20:39:27 :::CIS