Rajasthan High Court - Jodhpur
Bhaskar Shastri vs Co-Ordinator on 28 May, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:22779] (1 of 45) [CW-6197/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 6197/2024
1. Mitali Kalal Choudhary D/o Udai Lal Choudhary, aged
about 21 years, R/o Nimbahera Road, Chikarada,
Chittorgarh (Raj.)
2. Deepshikha Choudhary D/o Arjun Lal Choudhary, aged
about 22 years, R/o Kewalpura, Chittorgarh (Raj.)
3. Rahi Damor D/o Natwar Lal Damor, aged about 22 years,
R/o Kamal Bharti Kutiya, New Hospital Road, B.Ed.
College Ke Pass, Dungarpur (Raj.)
4. Manisha Goswami D/o Jagdish Puri, aged about 23 years,
25, R/o Ward No.26, Tekri Choraha, Girwa, Udaipur (Raj.)
5. Akansha Vyas D/o Sunil Kumar Vyas, aged about 22
years, R/o Ghyan Ji Ka Chowk, Mangari Mohalla,
Gangapur, Sahara, Bhilwara (Raj.)
6. Karan Purbia S/o Kailash Purbia, aged about 23 years, R/
o 12, Main Road, Near Hanuman Mandir, Madar Badgaon,
Udaipur (Raj.)
7. Amit Kumawat S/o Gopal Kumawat, aged about 22 years,
R/o 84, 3, Near Holi Chowk, Pula, Girwa, Udaipur (Raj.)
8. Shubham Puri Goswami S/o Sunil Puri Goswami, aged
about 24 years, R/o Near Kumharo Ka Bhatta, 38, Puri
Mohalla, Mali Colony, H Magri, Udaipur (Raj.)
9. Mahaver Singh Ranawat S/o Khim Singh Ranawat, aged
about 20 years, R/o Padrada, Udaipur (Raj.)
10. Punit Kumar S/o Mukesh Kumar Dhakad, aged about 21
years, R/o House No.87, Basant Vihar, Nayagaon,
Neemuch, Madhya Pradesh.
11. Pankaj KuamrDhaker S/o Manohar LalDhaker, aged about
22 years, R/o Thukrai, Chittorgarh (Raj.)
12. Manas Gamot S/o Gamot Rajesh, aged about 20 years, R/
o Ward No.2, Ganesh Vadi, Paloda, Banswara (Raj.)
13. Moulik Dixit S/o Raj Gopal Dixit, aged about 22 years, R/o
3, Kheman Ghati, Bhatiyani Chouhata, Girwa, Udaipur
(Raj.)
14. Kunal Chouhan S/o Dinesh Chandra Chouhan, aged about
19 years, R/o Near Old Bus Stand, Mavli, District Udaipur
(Raj.)
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15. Kuntesh Dabi S/o Surendra Singh Dabi, aged about 20
years, R/o Amar Nagar, Sirohi (Raj.)
16. Preksha Nagar D/o Prakash Chandra Rawal, aged about
24 years, R/o 9, Adarsh Nagar, Gariyawas, Girwa, Udaipur
(Raj.)
17. Yagyesh Purohit S/o Pradeep Purohi, aged about 25
years, R/o Ward No.4, Buchiya Bada, Saroda, District
Dungarpur (Raj.)
----Petitioners
Versus
1. The State of Rajasthan through the Secretary,
Department of Agriculture, Government of Rajasthan,
Secretariat, Jaipur.
2. The Agriculture University-Jodhpur, through its Registrar,
Jodhpur-342304.
3. Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed to be
University), through its Registrar, Airport Road, Pratap
Nagar, Udaipur-313001.
----Respondents
Connected With
S.B. Civil Writ Petition No. 6113/2024
1. Bhaskar Shastri S/o Bhanu Kumar Shastri, aged about 23
years, R/o C-28, 29 Pratap Nagar, Ganesh Bagh, Police
Line Road, Bundi (Rajasthan) 323001.
2. Tarun Kumar Kumawat S/o Mukesh Kumar Kumawat,
aged about 25 years, R/o Mamodiya Ki Dhani,
Machharkhani, Jobner, Jaipur, Rajasthan 303328.
3. Piyush Parihar S/o Madan Mohan Parihar, aged about 25
years, R/o 534, Subhash Nagar 2nd, Kota (Raj.).
4. Manish Saini S/o Ramesh Chander Saini, aged about 24
years, R/o 70, Saini Colony Malpura Road Sanganer,
Jaipur, Rajasthan.
5. Shankar Lal Yadav S/o Prabhu Dayal Yadav, aged about
25 years, R/o Moharu Ji Ki Dhani, Kalyanpura, Amer,
Jaipur, Rajasthan.
6. Rohit Rathore S/o Narendra Singh Rathore, aged about 27
years, 90, R/o Ashapurna Township, Pali, Rajasthan.
7. Vinod Sharma S/o Jagdish Prasad Sharma, aged about 25
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years, R/o 19, Hariyana Brahmano Ki Dhani,
Jaychandpura, Post Neemera, Jaipur Raj. - 302012
8. Suresh Saini S/o Shri Narayan Saini, aged about 23
years, R/o Sawai Madhopur Singh Pura, Chaksu, Jaipur,
303901, Rajasthan.
9. Nitisha Sankhla D/o Pradeep Kumar Sankhla, aged about
24 years, R/o A-9, Choudhary Colony, Vaishali Nagar
Ajmer, Rajasthan.
10. Ankit Singh S/o Rajpal Singh, aged about 25 years, R/o
M.S. Rawat Colony, Foy Sagar Road Ajmer (305005)
Rajasthan.
11. Devanshi Sharma D/o Kailash Chandra Sharma, aged
about 25 years, R/o Plot No. 33 Marg No. 3 Govind Nagar
East Amer Road, Jaipur Rajasthan.
12. Nikhil Shrimali S/o Anil Shrimali, aged about 25 years, R/
o Samta Nagar, Bedla Road Udaipur 313001 Rajasthan.
13. Sunita Choudhary D/o Ranglal Choudhary, aged about 23
years, R/o 65, Jawahar Nagar MalpuraTonk, Rajasthan
304502.
14. Rahul Choudhary S/o Shravan Kumar Choudhary, aged
about 24 years, R/o VPO Sinwar, Jaipur (Rajasthan)
302012.
15. Manveer Singh S/o Rajpal Singh, aged about 24 years, R/
o Kodi House, Major Colony, Near Water Tank, Jobner,
Jaipur, Rajasthan 303328.
----Petitioners
Versus
1. Co-Ordinator, Jet/pre-Pg-Ph.d Entrance Examination-
2024, Agriculture University Jodhpur, Jodhpur, Rajasthan.
2. Registrar, Agriculture University Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 6472/2024
1. Anju Choudhary, R/o Rulaniya Ki Dhani, Tehsil Murlipura,
District Jaipur, Rajasthan.
2. Gauri Shanker Sharma D/o Shri Dinesh Kumar Sharma,
aged about 25 years, R/o Bhambhoriya, District Jaipur,
Rajasthan.
----Petitioners
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Versus
1. State of Rajasthan through the Principal Secretary,
Department of Higher and Technical Education (Group-4),
Secretariat, Jaipur, Rajasthan.
2. Coordinator, Jet/ Pre-Pg/ Ph.d. Entrance Examination -
2024, Agriculture University, Jodhpur, Rajasthan.
3. Agriculture University, Jodhpur, Rajasthan through its
Registrar.
----Respondents
For Petitioner(s) : Mr. Vineet Dave, Mr. Bhavit Sharma,
Mr. Kaushik Dave.
Mr. Nihar Jain &
Mr. Nikhil Kumawat.
Mr. Raghu Nadnan Sharma, Through
VC
For Respondent(s) : Mr. Tapendra Sankhla on behalf of
Mr. B.L. Bhati, AAG.
Mr. SunielPurohit.
Mr. Kuldeep Solanki.
Mr. Yogesh Sharma on behalf of
Mr. Manish Patel, AAG.
HON'BLE DR. JUSTICE NUPUR BHATI
Order Reserved on: 20/05/2024 Pronounced on: 28/05/2024 [Civil Writ Petition Nos. 6472/2024 and 6113/2024]
1. Though the matter had been listed in the 'Fresh' category, at the joint request of both the parties, the matter is heard finally today itself.
2. Both the writ petitions, Civil Writ Petition No. 6472/2024 and Civil Writ Petition No. 6113/2024 are being decided by this commonorder, however, facts of Civil Writ Petition No. 6472/2024 are illustratively taken for consideration. (Downloaded on 29/05/2024 at 08:54:45 PM)
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3. This writ petition has been filed under Article 226 of the Constitution of India, challenging the condition/clause bulleted point no. 4 of 2.1 of the guidelines issued for the Pre-Ph.D. Examination 2024 (Annex.11). The petitioners have also sought directions to the respondents to permit the petitioners to fill the entrance form for the admission to Ph.D. programme in Agriculture Universities in Rajasthan for academic session 2024 in pursuance to the Notification dated 09.03.2024 (Annex.10) and further to grant admission to the petitioners to the Ph.D. programme in Agriculture Universities in Rajasthan for the academic session 2024 and allow them to pursue their Ph.D. degree, if they qualify and find place in the merit list of JET, 2024 and are above the cutoff in their respective category in pursuance to the Notification dated 09.03.2024 (Annex.10). Certain other ancillary relief(s) have also been sought by the petitioners.
4. Briefly stated, the facts of the case are that the petitioners are the students of the Sam Higginbottom Unviersity of Agriculture, Sciences and Technology, Prayagraj, Uttar Pradesh and have completed their post-graduation in M.Sc. Agriculture (Soil Science Agri Chemistry) and M.Sc. Agriculture (Agriculture Extension and Communication). SHUATS, Prayagraj has been recognized and accredited by ICAR, eligible for granting admissions in various M.Sc. programmes.
5. The petitioners have been admitted in the P.G. programme after participating in National Level Online Entrance Test conducted by SHUATS, for the academic session 2021-22 (Annex.2-colly).
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6. Desirous of pursuing Ph.D. in Agriculture and Allied Sciences in State Agriculture Universities, Rajasthan, the petitioners tried filling the online application form, however, due to the name of their University, SHUATS, not appearing in the column against the title 'College/University' for the Ph.D. programme, the petitioners were not able to fill the application forms for the Ph.D. Entrance Examination since, under clause 2.1 of the General Guidelines for Ph.D. Examination 2023 (Annex.11), a mandatory condition has been imposed whereby only those students who had been admitted in their P.G. degree programme or U.G. degree programme from 2019 onwards through JET/ National-level CUET (ICAR)/ State level entrance examination (conducted by Government Body only) are eligible for their Ph.D. Entrance Examination, 2024.
7. Thus, aggrieved of the said clause 2.1 of the General Guidelines (Annex.11), the petitioners have filed the present writ petition.
8. Learned counsel for the petitioners, Mr. Nihar Jain and Mr. Raghu Nandan Sharma, jointly submitted that since the petitioners have acquired qualification from a University situated at Prayagraj, therefore, the Guidelines dated 18.01.2018 (Annex.R/2/1) and the Public Notice dated 05.03.2019 (Annex.R/2/5) issued by the Government of Rajasthan shall not apply qua the petitioners and the respondents by way of this notice cannot compel the candidates like the petitioners, to have the educational qualification of having been admitted to their P.G. degree programme after 2019, through Pre-PG/National level- CUET(ICAR)/State level entrance examination (conducted by (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (7 of 45) [CW-6197/2024] government body only). Learned counsel for the petitioners further contended that the respodent Coordinator does not have the authority to prescribe the guidelines, while prescribing the educational qualification of mandatorily having been admitted to their PG degree programme through Pre-PG/National level- CUET(ICAR)/State level entrance examination (conducted by government body only), for seeking admission in the college. He further submitted that the action of the respondents in not permitting the petitioners to appear in Ph. D. Entrance Examination, 2024 on the ground that the petitioners have not been granted admission in the P.G. through Pre-PG/National level- CUET (ICAR)/State level entrance examination (Conducted by government body only) is arbitrary and discriminatory since it deprives the petitioners from applying for Ph.D. Entrance Examination 2024.
9. Learned counsel for the petitioners further jointly contended that the respondents have adopted pick and chose method, inasmuch the students were granted admissions to the P.G. programme without appearing in Pre-PG/National level-CUET (ICAR)/State level entrance examination (Conducted by government body only) in 2018, while the petitioners are being arbitrarily denied from filing their applications for appearing in the Ph.D. Entrance Examination.
10. Learned counsel for the petitioners also jointly submitted that the respondents have allowed certain students to appear for Ph.D. Entrance Examination 2023, and subsequently the said students have been granted admissions to the Ph.D. programme without even appearing in Pre-PG/National level-CUET (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (8 of 45) [CW-6197/2024] (ICAR)/State level entrance examination (Conducted by government body only), however, it is only the petitioners who are being deprived from appearing in the Ph.D. Entrance Examination, 2024 under clause 2.1 of the General Guidelines of 2024, which amounts to discrimination against the petitioners. He further submitted that vide the order passed by the Coordinate Bench of this Court in the SBCWP No.14669/2023 : Anuradha & Ors. v. Sri Karan Narendra Agriculture University & Ors. decided on 05.10.2023 (Annex.9), the admissions were granted to the students who did not appear in the JET/National level-CUET/State level examination and thus, in the light of the said order the respondents have acted in discriminatory manner while denying the petitioners to fill their forms for Ph.D. Entrance Examination, 2024 in the absence of fulfilling the mandatory educational qualification of getting admissions in their PG degree programme through JET/National level-CUET(ICAR)/ State level entrance examination only.
11. The respondents No.2 and 3 have filed preliminary reply to the writ petition. With regard to Clause 2.1 of the Guidelines (Annex.11), the respondents have alleged that the aforesaid condition is in consonance with the directions issued by the State Government as per Guidelines dated 18.01.2018 (Annex.R/2/1), wherein it has been mandated that admissions in the Agriculture courses shall only be permitted through JET Examination. In the reply, it is alleged that a public notice dated 19.03.2019 (Annex.R/ 2/2) came to be issued by the State Government while again reiterating that admissions in the Universities are to be given only on the basis of merit, however, for professional and technical (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (9 of 45) [CW-6197/2024] courses, the admission are to be given through entrance examination and for the courses in which the State/Central Agencies are conducting entrance exams, the Universities are supposed to admit the students after getting the students allotted from the concerned agencies.
12. A reference of another public notice dated 15.07.2022 (Annex.R/2/3) has also been made in the reply, whereby the condition of admitting the students on the basis of merit and in the courses where professional and technical education is imparted, the Universities were asked to admit the students through entrance exam conducted by State/Central agencies and this condition has been widely circulated with all the concerned Universities for compliance. In the reply, the respondent no. 2 has further stated that the petitioners have failed to challenge the Guidelines dated 18.01.2018 (Annex.R/2/1) as well as the order dated 05.03.2019 (Annex.R/2/5) and Public Notice dated 15.07.2022 (Annex.R/2/3) issued by the respondents and thus, in the absence of laying challenge to the previously issued Guidelines dated 18.01.2018 (Annex.R/2/1) as well as the order dated 05.03.2019 (Annex.R/2/5) and Public Notice dated 15.07.2022 (Annex.R/2/3), by the repondents, no infirmity or illegality can be pointed in the General Guidelines of 2024 by the petitioners
13. The respondent State has further alleged that Entry 14 of the State list along with Entry 26 of the Concurrent List of Seventh Schedule of the Constitution of India empowers the State Government to regulate and legislate the subjects relating to agriculture education and research, protection against pests and prevention of plant disease as well as subjects relating to legal, (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (10 of 45) [CW-6197/2024] Medical and other professions respectively. He also submitted that thus, by virtue of the said Entries enshrined in the State List as well as the Concurrent List in the Seventh Schedule of the Constitution of India, the respondents have the authority to impose valid conditions for the purpose of adjudging the eligibility of the incumbents for participation in JET-2024 and Clause 2.1 of the General Guidelines is completely valid and legal.
14. Learned counsel for respondent no. 2 submitted that the contention of the petitioners that students have been admitted to the P.G. programme in the year 2018 without appearing for JET/National level-CUET (ICAR)/State Level Entrance Examination (conducted by government body only) while the petitioners have been arbitrarily denied from filing the application forms for Ph.D. Entrance Examination on the same ground, is baseless as only those students who had completed their P.G. course in the year 2018, i.e., prior to the Guidelines issued by the State on 18.01.2018 (Annex.R/2/1) have been given admission in the Ph.D. programme.
15. The respondent no. 2 in the reply, while adverting to the judgment dated 05.10.2023 passed by this Court in SBCWP No.14669/2023 : Anuradha & Ors. v. Sri Karan Narendra Agriculture University & Ors. and other connected writ petitions, has alleged that the facts of aforesaid writ petition were entirely different to that of present writ petition, inasmuch as the guidelines issued for said entrance examination were not akin to the present process and in the aforesaid case, this Court had considered the judgment of Delhi High Court in the case of Abha George & Ors. v. All India Institute of Medical Sciences (AIIMS) & (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (11 of 45) [CW-6197/2024] Anr. : (W.P.12263/2021 & CM Appl.38369/2021) decided on 02.02.2022, which was particularly relating to the fact that if at all any ineligible candidates have been given admission on account of fault on the part of college/University, then the incumbent cannot be penalized on account of negligence of the University. In the reply filed by the respondents, it has been alleged that in the earlier process the students were given admission and were allotted the colleges, then a decision of cancellation of admission was held bad in the eyes of law, but in the instant case, Clause 2.1 of the Guidelines is altogether different and the petitioners are not yet even permitted to submit their application forms which is a stage much prior to the grant of admissions and, thus the judgment dated 05.10.2023 passed by this Court is of no avail to the petitioners.
16. In their reply, the respondent nos. 2 and 3 have further stated that so far as entrance test conducted by SHUATS University is concerned, the same is not in consonance with the Guidelines issued by the State Government dated 18.01.2018 (Annex.R/2/1) and thus the petitioners have rightly been denied to fill their application form for Pre-Ph. D. Entrance Examination.
17. Learned counsel for the respondents submitted that Joint Entrance Test is to be conducted, for the professional and technical programme, and subsequently, admission is to be given only through the said entrance examination. He also submitted that it has been specifically mentioned in the Guidelines issued by the State Government dated 18.01.2018 (Annex.R/2/1) that the State and Central Level Agency shall be conducting the examination and in case all these agencies do not conduct (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (12 of 45) [CW-6197/2024] examination, then the entrance examination can be conducted by the Association of Private Colleges. He also submitted that in the instant case, the entrance examination was neither conducted at State Level nor Central Level and nor through Association of Private Colleges and thus the petitioners are not having the educational qualification of getting admitted to their PG degree programme through Pre-PG/National level-CUET(ICAR)/State level entrance examination (conducted by government body only).
18. Learned counsel for the respondents further submitted that after 2019, no students have been permitted to participate in the examination who have not been admitted to their PG degree programme through Pre-PG/National level-CUET(ICAR)/State level entrance examination (conducted by government body only) and the petitioners who are not fulfilling the eligibility criteria cannot be permitted to seek any relaxation in the educational qualification which requires the petitioners to have been admitted to their PG degree programme only through Pre-PG/National level- CUET(ICAR)/State level entrance examination (conducted by government body only).
19. I have considered the submissions made by counsel for the parties and have perused the material available on record.
20. This Court finds that the contention of the petitioners that the students have been granted admissions to P.G. programme in 2018 without appearing in the JET is not sustainable because the said condition requiring the applicants to have obtained admissions to the P.G. programme, only after appearing in the JET was stipulated vide the Guidelines dated 18.01.2018 (Annex.R/2/1) and thus, the students who have completed the PG (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (13 of 45) [CW-6197/2024] course in 2018 were rightly exempted from the condition of appearing in JET for appearing in the Ph.D. Entrance Examinations because the said Guidelines cannot be given a retrospective effect. The relevant condition of 18.08.2018 (Annex.R/2/1) is reproduced as under:
"11- d`f"k ikB~;Øeksa es izos'k dsoy tSV ijh{kk ds ek/;e ls gh fn;s tk ldsaxsA bl gsrq fo'ofo|ky;ksa dks lacaf/kr ,tsUlh dks vkosnu djuk gksxkA"
21. It is also seen that the contention of the petitioners that the candidates, who had been given admission by respondents without appearing in Pre-P.G. Entrance Examination in the year 2023 and the petitioners, who are not allowed to participate in the Ph.D. Entrance Examination, 2024 without appearing for Pre-P.G. Entrance Examination through Pre-PG/National level-CUET (ICAR)/ State level entrance examination (Conducted by government body only) have been discriminated even though the students who were granted approval to appear in the Ph.D. Entrance Examination, 2023, are similarly situated to the petitioners, is having no force for the reason that the Coordinate Bench of this Court in CWP No. 14669/2023 vide order dated 05.10.2023 (Annex.9) had categorically observed that in the year 2022, the Guidelines for Ph. D. Entrance Examination were same as that of the year 2023 and the respondents allowed admission of the students, who had been admitted to the P.G. programme by appearing in the SHUATS Entrance Examination for P.G. programme. The Coordinate Bench of this Court observed that the respondents had given admission to the students of SHUATS in the year 2022 as per the condition no. 2.1 of the General Guidelines Ph.D. Entrance Examination, 2022 whereby the requirement was relating to the candidates (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (14 of 45) [CW-6197/2024] having been admitted to their PG Degree programme through Pre- PG/National level/State level entrance examination and since there was no mention of the agency that would be responsible for conducting the entrance exam, the students who were granted admissions to their P.G. Degree Programme through SHUATS were also held to be fulfilling the mandatory requirement of condition 2.1 of the General Guidelines 2022 and subsequently, since there was no distinction in the language used in the General Guidelines of 2022 and 2023, the Coordinate Bench of this Court observed that the petitioners in the CWP No. 14669/2023 decided vide order dated 05.10.2023 (Annex.9), were similarly situated to the students of SHUATS who were held to be eligible for appearing in Ph.D. Entrance Examination in 2022, and thus, the Court in the said writ petition held that the respondents cannot discriminate between earlier students and the petitioners. Contrary to the facts of the case at hand, this Court finds that the said writ petition CWP No. 14669/2023 decided vide order dated 05.10.2023 (Annex.9), filed by the students came to be allowed only on the ground that the language used in both the Guidelines of 2022 and 2023 was exactly same, wherein it was not clearly provided as to which agency was supposed to conduct the JET/National level/State Level Entrance Examinations and thus the petitioners in the said writ petition who were said to have obtained PG degree as per the Guidelines of Ph.D. Entrance Examination, 2023 without appearing in JET/National level/State Level Entrance Examinations, were held to be fully eligible for appearing in Ph. D. Entrance Examination and the admissions of the petitioners therein was restored. The relevant paras of the order passed by (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (15 of 45) [CW-6197/2024] the Coordinate Bench of this Court in CWP No. 14669/2023 vide order dated 05.10.2023 (Annex.9) is reproduced as under:
"11.This Court further observes that it is an admitted positionthat the petitioners Post Graduation Degrees are valid and the same have also been recognized by the respondents.
12.This Court also observes that earlier in the year 2022, the guidelines for Ph.D entrance examinations were same as that of year 2023 and the respondents allowed admission of the students who have obtained the Post Graduation Degree from the SHUATS, and thus, now only on the basis of the meeting dated 12.01.2023,the respondents cannot discriminate between the earlier students and the present petitioners (students).
13.This Court further observes that even in the impugned order, the respondents have clearly stated about cancellation of the admission of the petitioners, because they did not fulfill the essential qualifications as mentioned at point no.2.1 of the guidelines in question, but in the year 2022, the respondents have given admission in the Course in question to the similarly situated students of the SHUATS. 13.1.This Court also observes that while taking the impugned decision, the respondents could not make a clear distinction between the earlier guidelines and the guidelines of 2023, and thus, fell into error in declaring the petitioners ineligible, as per the point 2.1 of the General Guidelines Ph.D Entrance Examination2023. The said point 2.1 of the General Guidelines Ph.D Entrance Examination 2023 is reproduced as hereunder:-
"EDUCATIONAL QUALIFICATION:
•Only those candidates who have their Master's degree in respective faculty subject and fulfill the qualification as prescribed as under are eligible to apply. •The candidates who have passed the M.Sc. in the respective subject from any State Agriculture Universities with 6.5 OGPA or equivalent. Incase degree awarded below 6.5 OGPA by State Agriculture Universities, 5% relaxation will be allowed to candidate belonging to SC/ST/OBC (Non creamy layer)/MBC/SAP/EWS Category. The candidates taking theadvantage of 5% relaxation will not be considered in UR category.
•Candidates who have appeared at any of the aforesaid qualifying examinations and whose results have not been declared before the commencement of the entrance examination shall provisionally be allowed to appear in the examination. The result of the examination i.e. Degree/Provisional degree and Transcript is essential at the time of option filling and reporting in the college. (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (16 of 45) [CW-6197/2024] •Candidates who have completed their PG Degree programme through Pre-PG/National level/State level entrance examination or the candidates completed their PG degree programme from SAUs and their constituent colleges of Rajasthan.
•The candidates must have completed four-year and two- year PG degree programme for admission in Ph.D. (Home Science) from any recognized university."However, a bare perusal of the Guidelines of the year 2022 and the Guidelines of the year 2023, makes it clear that the language used in both the guidelines is exactly the same.
14.This Court further observes that the respondents cannot discriminate between the similarly situated students in the same examination, when the admissions were granted as per the guidelines in vogue at the relevant time. This Court also observes that the petitioners are meritorious students, were duly allotted the College(s), and the necessary formalities and procedures have also been completed by the petitioners, including deposition of fee etc.; they have also duly complied with the direction issued by the respondents to report for completion of the course work; however, thereafter, the respondents have taken the impugned actions, which are not sustainable in the eye of law.
15.This Court further observes that the petitioners have valid Post Graduation Degrees and they appeared in the examination in question as per the guidelines for Ph.D Entrance Examination, and are even fully eligible for the same, as per the guidelines in question. Therefore, the impugned communications/orders regarding the cancellation of the admission of the petitioners are not justified in law.
16.The judgments cited at the Bar on behalf of the respondents do not render any assistance to their case.
17.Thus, in light of the above observations and looking into the factual matrix of the case, the present petitions are allowed.
17.1. Accordingly, in S.B. Writ petition No. 14731/2023, the impugned office order dated 16.09.2023 (Annexure-17) is quashed and set aside; in S.B. Writ Petition No. 14855/2023,the impugned office order dated 20.09.2023 (Annexure-17) is quashed and set aside and; in S.B. Writ Petition No. 14669/2023, the impugned office orders dated 18.09.2023(Annexure-17) are quashed and set aside; and thus, the respondents are directed to immediately restore the admissions of the petitioners in the Course(s) in question. All pending applications stand disposed of."
22. So far as the present case is concerned, there is no iota of doubt that for Ph. D. Entrance Examination, 2024, the General Guidelines is not having the same language as was provided in the (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (17 of 45) [CW-6197/2024] Guidelines of 2022 and 2023. The relevant portion of the Guidelines for the years 2022, 2023 and 2024 reads as under:
"Guidelines of 2022- 2.1 Candidates who have completed their PG Degree programme through Pre-PG/National level/State level entrance examination or the candidates completed their PG degree programme from SAUs and their constituent colleges of Rajasthan.
Guidelines of 2023- 2.1 Candidates who have completed their PG Degree programme through Pre-PG/National level/State level entrance examination or the candidates completed their PG degree programme from SAUs and their constituent colleges of Rajasthan."
Guidelines of 2024- 2.1 Candidates who have admitted in their PG Degree programme from 2019 onwards through Pre-PG/National level-CUET (ICAR)/State level entrance examination (Conducted by government body only) are eligible for Pre- Ph. D. Entrance Examinations-2024. If candidate having no proof about entrance examination for admission in PG degree programme after year 2019, then he/she may submit proof/certificate from their Dean/ Registrar/Controller of Examination of his/her respective college/University that he/she has admitted through Pre-
PG/National level-CUET(ICAR)/State level examination (Condcuted by government body only). However, the candidates who have admitted before 2019 in PG degree programme are exempted from this condition. (As per guidelines and order Øekad% i- 3¼2½ f'k{kk&4@2017 dated 18-01-2018 and 05-03-2019 issued by the Education Group-IV Department GoR, Jaipur)."
Contention of the respondents that earlier the respondents on their own permitted the candidates to appear in Pre-Ph. D. Entrance Test without appearing in Pre-PG Entrance Examination was only for the reason that there was ambiguity in the Guidelines of 2022 and 2023. Upon perusal of the Guidelines, it is reflected that the earlier Guidelines of 2022 and 2023 were silent about the agency that would be conducting Pre PG Entrance Examination at National Level/State Level and the said ambiguity has been removed by General Guidelines of Ph. D. Entrance Examination, 2024 (Annex.11) while clarifying that at national level CUET (ICAR) shall be conducting the Entrance Examination and State (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (18 of 45) [CW-6197/2024] Level entrance examination shall be conducted by Government Body only and therefore, the petitioners cannot claim similar treatment as given to those candidates.
23. It is further seen from the Guidelines of 2024 that the condition 2.1 of taking admission in PG Degree programme through Pre-PG National Level/State level was made applicable from 2019 onwards and the candidates who have taken admission before 2019 in PG Degree programme, were given exemption from the said condition. In the present case, undoubtedly the petitioners have taken admission in PG programme after 2019 and thus if the petitioners want to appear in Pre-Ph. D. Examination, 2024 in the State of Rajasthan, then they are required to fulfill the eligibility criteria as prescribed under the Guidelines of 2024. Moreover, the contention of the petitioner that Guidelines of the respondent State dated 18.01.2018 (Annex.R/2/1), Public Notices dated 19.03.2019 (Annex.R/2/2) and 15.07.2022 (Annex.R/2/3) cannot be implemented in the case of the petitioners, who have acquired PG degree from SHUATS, which is located in the State of U.P., cannot be accepted as, if the petitioners want to appear in Ph. D. Entrance Examination conducted by the respondent Agriculture University, then they are bound to fulfill the eligibility criteria as well as educational qualification laid down by the Agriculture University, Jodhpur.
24. Further, the contention of the petitioners that the public notice placed on record by respondents No.2 and 3 were not put to notice to the petitioners at their University and, therefore, petitioners cannot be deprived of appearing in Ph. D. Entrance Examination, 2024 in absence of appearing in Pre PG (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (19 of 45) [CW-6197/2024] National/State Level Entrance Examination, is also devoid of merit, inasmuch as the petitioners are seeking admission in Ph. D. Degree programme in Agriculture and Allied Science in the State Agriculture University of Rajasthan, therefore, the petitioners could not be granted any exemption of not having appeared in Pre-PG National Level/State Level Entrance Examination. Moreover, the contention of the petitioners that the Public Notice 15.07.2022 was not put to the knowledge of the petitioners which stipulated the mandatory requirement of having taken admission to their PG Degree Programme through JET, since the petitioners have completed their course from SHUATS, situated in Uttar Pradesh is baseless for the reason that if any student wants to take admission in the Ph.D. Programme in the Agriculture University, Jodhpur then an obligation is cast upon the student to fulfill all the elibility criteria as formulated by the Agriculture University and thus, the mandatory condition 2.1 of the General Guidelines issued by the Agriculture University, Jodhpur have to be applied in a uniform manner and the petitioners cannot be exempted from fulfilling the said requirement only on the ground that they had completed their PG Degree Programme from SHUATS, situated in Uttar Pradesh. The relevant paras of the Public Notice dated 15.07.2022 (Annex.R/2/3) is reproduced as under:
"पाठ्यक्रमों में प्रवेश विश्वविद्यालयों के अधिनियम की धारा 32 के प्रावधानानुसार केवल मैरिट के आधार पर ही दिये जा सकते हैं परन्तु व्यावसायिक एवं तकनीकी पाठ् यक्रमों में प्रदे श केवल प्रवेश परीक्षा के माध्यम से ही दिये जा सकते हैं । जिन पाठ्यक्रमों के लिये राज्य या केन्द्र की एजे न्सियां प्रवेश परीक्षा का आयोजन करती है , उनमें प्रवेश इन एजे न्सियों से छात्र आवं टित करवाकर ही दिये जा सकते हैं । ऐसे व्यावसायिक एवं तकनीकी पाठ्यक्रम, जिनमें राज्य या केन्द्र की कोई एजे न्सी प्रवेश परीक्षा का आयोजन नही ं करती है , उनमें प्रवेश हेतु निजी (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (20 of 45) [CW-6197/2024] विश्वविद्यालयों के संघ द्वारा प्रदे श परीक्षा का आयोजन किया जा सकता है । प्रवेश परीक्षा के आयोजन हे तु सीटों की संख्या एवं फीस का उल्लेख करते हुये प्रदे श के सभी प्रमुख समाचार पत्रों में विज्ञप्ति के माध्यम से आवे दन आमं त्रित किये जायेंगे एवं परीक्षा परिणाम व प्रवेश हे तु पात्र पाये गये विद्यार्थियों की संख्या एवं प्राप्तां क प्रतिशत का विवरण भी समाचार पत्रों / नोटिस बोर्ड में दे ना होगा व राज्य सरकार को प्रे षित करना होगा। xxxx अतः सभी अभिभावकों / विद्यार्थियों एवं आम जन को उनके हित में यह पब्लिक नोटिस जारी कर सू चित किया जाता है कि निजी विश्वविद्यालयों में उपर्युक्त वर्णित तथ्यों / प्रावधानों के अन्तर्गत निजी विश्वविद्यालयों की अधिकारिता, विनियमन, निकायों से मान्यता, विनियमन निकायों के नियमों, परिनियमों, मापदण्डों की पालना की पु ष्टि के बाद ही निर्धारित प्रक्रिया अनुसार निजी विश्वविद्यालयों के अधिनियमों के प्रावधानों का अध्ययन करने के उपरान्त विश्वविद्यालय को स्वीकृत पाठ्यक्रमों में विहित प्रकिया एवं उपरोक्त वर्णित स्पष्टीकरणों के अनुसार ही प्रवेश लेवें। "
25. It is also seen that the petitioners have not given a challenge to the Guidelines dated 18.01.2018 (Annex.R/2/1) and 05.03.2019 (Annex.R/2/5) in light of which the educational qualification mandating the candidate to take admission from 2019 onwards through Pre-PG/National-level CUET(ICAR)/State level Entrance Examination (conducted by the State Government only) has been prescribed and thus, it is not open for the petitioners to lay a challenge to the General Guidelines of 2024 in absence of giving challenge to the Guidelines dated 18.01.2018 (Annex.R/2/1) and the order dated 05.03.2019 (Annex.R/2/5).
26. Further, the policy decision taken by the respondent no. 2 by way of laying down the Educational Qualifications in the General Guidelines of 2024 require no interference by the Court as the said Guidelines have been framed upon the directions of the State Government which is empowered to regulate and legislate the subjects relating to Agriculture Education and Research, Protection against Pests and Prevention of Plant diseases as well as subjects relating to legal, medical and other professions under Entry No. 14 of the State List and Entry 26 of the Concurrent List, respectively (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (21 of 45) [CW-6197/2024] of Seventh Schedule of the Constitution of India. The relevant subjects under the Seventh Schedule is reproduced as under:
"SEVENTH SCHEDULE List II--State List
14. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.
xxxx List III--Concurrent List
26. Legal, medical and other professions."
27. Furthermore, this Court also finds that merely because the petitioners have not taken admission in PG Degree Programme through JET, does not make the entire condition mentioned in clause 2.1 of the General Guidelines of 2024 arbitrary and discriminatory and thus, this Court is also not inclined to grant indulgence on the ground that clause 2.1 of the General Guidelines of 2024 is not violative of Article 14 of the Constitution of India.
28. The petitioners cannot be allowed to draw parity with the students who have been given admissions inadvertently to the Pre-P.G. Entrance Examination 2023 without appearing for JET/National level/State level Entrance Examination since the said students had been given admissions only on the ground that the language used in both the General Guidelines of 2022 and 2023 was exactly same wherein it was not clearly provided as to which agency was supposed to conduct the JET/National level-CUET (ICAR)/State Level Entrance Examinations (conducted by government body only) and thus the candidates held to be fully eligible for appearing in Ph. D. Entrance Examination, however, in the instant case, clause 2.1 clearly mentions the agencies that are responsible for conducting the JET/National level/ state level (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (22 of 45) [CW-6197/2024] examinations. Thus, the petitioners cannot be said to be similarly situated to those students who had been given admissions in the Pre-P.G. Entrance Examination 2023, without appearing for the JET/National Level-CUET (ICAR)/State-level Entrance Examination (conducted by government body only) and therefore, the said clause 2.1 of the General Guidelines of 2024 neither discriminates amongst equals not creates a class within class.
29. Therefore, the petitioners cannot be given any exemption for the reason that they have acquired their PG Degree from SHUATS, situated in Uttar Pradesh as the petitioners are seeking admissions in the Agriculture University, Jodhpur and such University itself has laid down the mandatory condition 2.1 under the General Guidelines for Ph.D. Entrance Examination, 2024 which have to be applied uniformly to all the students irrespective of whether they have obtained their PG Degree from a University situated outside the State of Rajasthan. Further, the petitioners did not fulfill the mandatory educational qualification as mentioned in the General Guidelines of 2024, of having been admitted to their PG Degree Programme through JET/ National level-CUET (ICAR)/ State Level Entrance Examination (conducted by government body only), because the PG Entrance Examination conducted by the SHUATS is not in consonance with the condition mentioned in the General Guidelines of 2024 issued by the Agriculture University. Moreover, the petitioners have miserably failed to establish that the said Guidelines of 2024 are violative of Article 14 of the Constitution of India and merely because the petitioners have failed to appear for JET, the said Guidelines of 2024 cannot be said to be arbitrary or violative of Article 14 of the Constitution of India. (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (23 of 45) [CW-6197/2024]
30. In view of above discussion, this Court finds no force in the writ petitions, the same is therefore, dismissed. Stay Petition and other misc. application if any pending, shall stand dismissed. [Civil Writ Petition No. 6197/2024]
1. Though the matter had been listed in the 'Fresh' category, at the joint request of both the parties, the matter is heard finally today itself.
2. This writ petition has been filed under Article 226 of the Constitution of India, challenging the clause 2.1 of the General Guidelines (Annex.5 and 6) issued by the respondents and for the purpose of declaring the said clause of illegal. The petitioners have also sought directions to declare them as entitled to participate in the Pre-P.G. and Ph.D. Entrance Examination, i.e., Joint Entrance Test ('JET'), 2024 and further directions to the respondents to accept the application forms of the petitioners for the JET 2024. Certain other ancillary relief(s) have also been sought by the petitioners.
3. Briefly stated, the facts of the case are that the petitioners nos. 1 to 15 are students of respondent No.3 University, who have already appeared/passed in the Bachelors in Science (Agriculture) (B.Sc.), desirous of pursuing Master of Science (Agriculture) (M.Sc), while the petitioner Nos.16 and 17 are studying in the Final Year of M.Sc. Agriculture course, desirous of pursuing Ph.D in Agriculture and allied Sciences in State Agriculture Universities, Rajasthan.
4. Respondent No. 2, vide Notification dated 09.03.2024 (Annex.1) provided for the tentative schedule for the Joint Entrance Test ('JET') for the year 2024 for seeking admissions to (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (24 of 45) [CW-6197/2024] the P.G. and Ph.D. courses. In pursuance of the same, the petitioners tried uploading their respective application forms as well as other personal details on the official portal of the JET, 2024, however, their forms could not be uploaded since the name of their University, respondent No. 3 was not appearing in the in the column against the title 'College/University' for both, the Masters Degree programme as well as the Ph.D. programme and thus the petitioners submitted a representation dated 05.04.2024 (Annex.2) to the respondent No. 3 regarding the issues faced by them.
5. In response to the said representation, the respondent No. 3 University informed the petitioners that the University had been duly accredited to ICAR and also has the due approval from the University Grants Commission ('UGC') dated 25.02.2021 (Annex.3) to the run the courses, and thus, there was no fault on the part of the respondent No. 3 University. Also, it was informed by the respondent No. 3 University that earlier students participated in the JET, 2023.
6. The petitioners were also informed that under clause 2.1 of the General Guidelines for Pre-PG Entrance Examination 2024 (Annex.6) and Ph.D. Examination 2024 (Annex.5), a mandatory condition has been imposed whereby only those students who had been admitted in their U.G. degree programme and their P.G. degree programme or respectively from 2019 onwards through JET/ National-level CUET (ICAR)/ State level entrance examination (conducted by Government Body only) are eligible for their respective Pre-PG and Ph.D. Entrance Examination, 2024. (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (25 of 45) [CW-6197/2024]
7. Thus, aggrieved of the said clause 2.1 of the General Guidelines (Annex.5 and 6), the petitioners have not been able to fill their application forms for the Pre-P.G. and Ph.D Entrance Examinations, 2024 respectively.
8. Learned counsel for the petitioners submitted that clause 2.1 of the Guidelines of 2024 for admission in Pre-PG and Ph.D. courses is arbitrary and discriminatory since it provides that only those candidates were permitted to take entrance examinations who had been admitted in their respective U.G. and P.G. programmes by way of Entrance Examinations i.e. Pre-P.G./ National Level CUET (ICAR)/ State Level Examination and that, no such condition has been prescribed by the ICAR which is the accredition authority.
9. Learned counsel for the petitioners further contended that the respondents have adopted pick and chose method, inasmuch the students were granted admissions to the P.G. programme without appearing in JET in 2018, while the petitioners are being arbitrarily denied from filing their applications for appearing in the Ph.D. Entrance Examination.
10. Learned counsel for the petitioners also submitted that previously, in pursuance of the General Guidelines of JET Pre-P.G. Entrance Examination, 2023, those students who had completed their Graduate course from the respondent no. 3 University, without having passed the JET/National-level CUET (ICAR)/State level Entrance Examination (conducted by government body only) for their U.G. programme, have been considered for the Pre-P.G. Entrance Examination 2023 and were able to secure admission in the course of their choice. He further submitted that vide the (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (26 of 45) [CW-6197/2024] order passed by the Coordinate Bench of this Court in the SBCWP No.14669/2023 : Anuradha & Ors. v. Sri Karan Narendra Agriculture University & Ors. decided on 05.10.2023, the admissions were granted to the students who did not appear in the JET/National level-CUET/State level examination and thus, in the light of the said order the respondents have acted in a discriminatory manner while denying the petitioners to fill their forms for P.G. and Ph.D. Entrance Examination, 2024 respectively in the absence of fulfilling the mandatory educational qualification of getting admissions in their PG degree programme through JET/ National level-CUET(ICAR)/ State level entrance examination only.
11. Learned counsel for the petitioners further submitted that on one hand, by allowing some set of candidates to participate in the Ph.D. Entrance Examination, 2023, without appearing in the Entrance Examinations for their PG Degree Programmes, i.e. Pre- P.G./ National Level CUET (ICAR)/ State Level Examination and on the other, not permitting the petitioners to pursue their Masters and Ph.D. programme by depriving them from participating in the JET-2024 on the ground that they did not take admissions in their U.G. and P.G. courses respectively by appearing in Entrance Examinations i.e. Pre-P.G./ National Level CUET (ICAR)/ State Level Examination, creates a class within class and thus, is violative of Article 14 of the Constitution of India.
12. Learned counsel for the petitioners also submitted that while the petitioners were applying for their U.G./P.G. programmes respectively, no notice was given to the petitioners that in the absence of them being granted their admissions to the U.G. and P.G. programme, through JET, the petitioners would not be able to (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (27 of 45) [CW-6197/2024] apply for their P.G. and Ph.D. Entrance Examinations after their respective courses and thus, at a later stage the respondent no.2 and the State Government cannot impose such a mandatory condition by way of clause 2.1 of the General Guidelines of 2024, jeopardizing the prospects of Higher Education for the petitioners.
13. Learned counsel for the petitioners also submitted that the respondent University has been granted approval from UGC dated 25.02.2021 (Annex.3) for running B.Sc. Agriculture and the respondent University is duly accredited from ICAR vide Notification dated 26.07.2023 (Annex.4) which is the highest body responsible to aid and improvise the standards of agriculture education in the country so as to ensure availability of the adequately educated and skilled human resource and thus, in presence of due approvals and accreditions, respondent no. 2 or the State Government had no authority to curtail the effect of such accreditation by not permitting the students of Universities having accreditation from ICAR.
14. Per contra, learned counsel for the respondent no. 2 submitted that the clause 2.1 of the General Guidelines is completely valid and is in consonance with the directions issued by the State Government as per the Guidelines dated 18.01.2018 (Annex.R/2/1) wherein it has been clearly prescribed that the admission in the Agriculture courses shall only be permitted through JET Examination and the Universities are supposed to apply for the same with concerned agencies accordingly. He also submitted that the same condition had been reiterated vide a public notice dated 19.03.2019 (Annex.R/2/2) and subsequently, another public notice dated 15.07.2022 (Annex.R/3) came to be (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (28 of 45) [CW-6197/2024] issued by the State Government whereby it was mentioned that in Universities where professional and technical education is imparted, the Universities were asked to admit students through entrance exam only conducted by the State/Central Agencies and this condition had been widely circulated with all the concerned Universities for the proper compliance.
15. Learned counsel for the respondent no. 2 further submitted that the Guidelines for JET 2024 have been formulated after detailed discussion in the meeting convened on 06/14.03.2024 in the presence of the officials of the State Government, representatives of all the Agricultural Universities of the State Government. He also submitted that the clause 2.1 of the General Guidelines of 2024 is completely valid and also in consonance with the Guidelines and Public Notices issued from time to time by the State Government and without challenging the said Guidelines and Public Notices, the petitioners cannot give a challenge to the clause 2.1 of the General Guidelines of 2024. He further submitted that State Government had issued a Guidelines dated 18.01.2018 (Annex.R/2/1), which had been reiterated a number of times but the petitioners still undertook the courses/studies contrary to the said Guidelines without participating in the JET conducted by either State or Central Agencies and therefore, the petitioners cannot be put at par with other incumbents who had completed their courses after subjecting themselves to the entrance examinations for their respective courses.
16. Learned counsel for the respondent State also submitted that the State Government had acted in its competence under Entry 14 of the State List and Entry 26 of the Concurrent List of Seventh (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (29 of 45) [CW-6197/2024] Schedule of the Constitution of India by issuing the Guidelines governing Agriculture Education since the said Entries empowers the State Government to regulate and legislate the subjects relating to Agriculture Education and Research, Protection against Pests and Prevention of Plant diseases and subjects relating to legal, medical and other professions respectively.
17. Learned counsel for the petitioners, thereafter, by way of filing rejoinder, submitted that the respondent University no. 3 had duly applied for admission through JET during the academic sessions 2018-19, 2019-20, 2020-21 to 2022-23 and vide letter dated 03.04.2024 (Annex.9), the respondent no.3 University again applied for the admission and it was fault and inaction of the respondents, that the respondent no. 3 could not take steps for admission through JET. He also submitted that the Guidelines dated 18.01.2018 (Annex.R/2/1) issued by the State Government is of no use since the same is against the procedure of ICAR, which is the apex regulatory body in regard to the agriculture subjects that, the Guidelines and Public Notices issued by the State Government are contrary and beyond the jurisdiction and mandate of the ICAR which also conducts country level entrance examinations for admissions to Masters Degree programme and other degrees. He further submitted that the Information Bulletin (Annex.8) issued by the ICAR for the year 2021 and 2023 for the admission to the Masters Degree programme by way of All India Entrance Examination stipulates no such mandatory condition restraining the candidates who have not obtained degree by way of entrance exam conducted by government bodies and thus, the State Government by virtue of clause 2.1 of the General (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (30 of 45) [CW-6197/2024] Guidelines of 2024 cannot surpass the conditions prescribed by the regulatory body, ICAR itself.
18. Learned counsel for the petitioners further submitted that the authorities mentioned in the Guidelines dated 18.01.2018 (Annex.R/2/1) have failed to discharge their duties and the Universities were left open to take admissions on the procedure established by the Academic Council and the admissions were to be taken on the basis of merit and subsequently, the petitioners have been admitted after following this due procedure only and were given admissions on their own merit. He thus submitted that, after several years of study, the petitioners cannot be made to suffer only on the insignificant ground that their admissions were not through JET.
19. Thereafter, by way of filing reply to the rejoinder, learned counsel for the respondent no. 2 submitted that the communication dated 03.04.2024 (Annex.9) sent by respondent Agriculture University, Jodhpur, clearly reveals that the said communication had been made for the purpose of seeking permission and allotment of seats for B.Sc. (Hons.) Agriculture however, the petitioners have not placed on record any communication to the effect that the respondent University had ever requested for permission and allotment of seats through JET for Pre-P.G. and Ph.D., and thus, the contention of the petitioners that the petitioners were suffering due to inaction of the State Government and despite multiple requests from the respondent university cannot be accepted. He also submitted that it has been clearly provided that as per the Rules and Guidelines of Ministry of Agriculture, Government of Rajasthan, colleges and seats are (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (31 of 45) [CW-6197/2024] approved and allotted by the Government for admission through JET only, thus, it leaves no ambiguity that in the absence of petitioners being admitted to their respective U.G. and P.G. courses, they cannot be allowed to participate in JET, 2024 for pursuing P.G. and Ph.D in the stream of Agriculture respectively. He also submitted that there was no reason of excluding the respondent University in the JET exam on the ground that it is a private University, since in the year 2023, as many as 23 private Universities were included in the counseling process and also, there were other 36 private affiliated colleges which also participated in the counseling process for the allotment of the students.
20. Learned counsel for respondent no. 2 submitted that the contention of the petitioners that students have been admitted to the P.G. programme in the year 2018 without appearing in JET while the petitioners have been arbitrarily denied from filing the application forms for P.G. and Ph.D. Entrance Examination respectively on the same ground, is baseless since as only those students who had completed their P.G. course in the year 2018, i.e., prior to the Guidelines issued by the State on 18.01.2018 (Annex.R/2/1) have been given admission in the Ph.D. programme.
21. The respondent no. 2 in the reply, while adverting to the judgment dated 05.10.2023 passed by this Court in SBCWP No.14669/2023 : Anuradha & Ors. v. Sri Karan Narendra Agriculture University & Ors. and other connected writ petitions, has alleged that the facts of aforesaid writ petition were entirely different to that of present writ petition, inasmuch as the (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (32 of 45) [CW-6197/2024] guidelines issued for said entrance examination were not akin to the present process and in the aforesaid case, this Court had considered the judgment of Delhi High Court in the case of Abha George & Ors. v. All India Institute of Medical Sciences (AIIMS) & Anr. : (W.P.12263/2021 & CM Appl.38369/2021) decided on 02.02.2022, which was particularly relating to the fact that if at all any ineligible candidates have been given admission on account of fault on the part of college/University, then the incumbent cannot be penalized on account of negligence of the University. In the reply, it has been alleged that in the earlier process the students were given admission and were allotted the colleges, then a decision of cancellation of admission was held bad in the eyes of law, but in the instant case, Clause 2.1 of the Guidelines is altogether different and the petitioners are not yet even permitted to submit their application forms which is a stage much prior to the grant of admissions and, thus the judgment dated 05.10.2023 passed by this Court is of no avail to the petitioners.
22. Learned counsel for the respondent State, by way of filing an additional affidavit, also submitted that directions have been issued vide Guidelines dated 18.01.2018 (Annex.R/2/1) and subsequently vide Circular dated 10.04.2019 (Annex.RA/2) whereby the department of Agriculture informed all the Universities running the agriculture courses that the application for admission through JET Examination was to be submitted in compliance of the Guidelines dated 18.01.2018, from 1st November to 31st December for every year and the same would be inspected before 15th March, however, the communication by the respondent University was made much later in the month of April, (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (33 of 45) [CW-6197/2024] vide communication dated 03.04.2024 (Annex.9) for the JET Examinations 2024 and therefore, the application of the petitioners could not be considered after the cut-off date.
23. Heard learned counsel for the parties, perused material available on record.
24. This Court finds that the contention of the petitioners that while the students have been granted admissions to P.G. programme in the year 2018 without appearing in the JET is not sustainable because the said condition requiring the applicants to have obtained admissions to the P.G. programme, only after appearing in the JET, was stipulated vide the Guidelines dated 18.01.2018 (Annex.R/2/1) and thus, the students who have completed their PG Degree Programme in 2018 were rightly exempted from the condition of appearing in JET for appearing in the Ph.D. Entrance Examinations since the Guidelines cannot be given a retrospective effect. The relevant para of the Guidelines dated 18.01.2018 (Annex.R/2/1) is reproduced as under:
"11- d`f"k ikB~;Øeksa es izos'k dsoy tSV ijh{kk ds ek/;e ls gh fn;s tk ldsaxsA bl gsrq fo'ofo|ky;ksa dks lacaf/kr ,tsUlh dks vkosnu djuk gksxkA"
25. It is also seen that the contention of the petitioners that the candidates, who had been given admission by respondents without appearing in Pre-P.G. Entrance Examination in the year 2023 and the petitioners, who are not allowed to participate in the Ph.D. Entrance Examination, 2024 without appearing for Pre-P.G. Entrance Examination through Pre-PG/National level-CUET (ICAR)/ State level entrance examination (Conducted by government body only) have been discriminated even though the students who were granted approval to appear in the Ph.D. Entrance Examination, (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (34 of 45) [CW-6197/2024] 2023, are similarly situated to the petitioners, is having no force for the reason that the Coordinate Bench of this Court in CWP No. 14669/2023 vide order dated 05.10.2023 had categorically observed that in the year 2022, the Guidelines for Ph. D. Entrance Examination were same as that of the year 2023 and the respondents allowed admission of the students, who had been admitted to the P.G. programme by appearing in the Entrance Examination for P.G. Degree Programme conducted by their respective universities, i.e. by Sam Higginbottom University of Agriculture, Sciences and Technology ('SHUATS'), situated in Prayagraj, Uttar Pradesh, in the said writ petition. The Coordinate Bench of this Court observed that the respondents had given admission to the students of SHUATS in the year 2022 as per the condition no. 2.1 of the General Guidelines Ph.D. Entrance Examination, 2022 whereby the requirement was relating to the candidates having been admitted to their PG Degree programme through Pre-PG/National level/State level entrance examination and since there was no mention of the agency that would be responsible for conducting the entrance exam, the students who were granted admissions to their P.G. Degree Programme through SHUATS were also held to be fulfilling the mandatory requirement of condition 2.1 of the General Guidelines 2022 and subsequently, since there was no distinction in the language used in the General Guidelines of 2022 and 2023, the Coordinate Bench of this Court observed that the petitioners in the CWP No. 14669/2023 decided vide order dated 05.10.2023 (Annex.9), were similarly situated to the students of SHUATS who were held to be eligible for appearing (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (35 of 45) [CW-6197/2024] in Ph.D. Entrance Examination in 2022, and thus, the Court in the said writ petition held that the respondents cannot discriminate between earlier students and the petitioners. Contrary to the facts of the case at hand, this Court finds that firstly the said writ petition CWP No. 14669/2023 decided vide order dated 05.10.2023 (Annex.9), has been filed by the students of SHUATS, which is a university situated in the State of Uttar Pradesh and secondly, the said writ petition came to be allowed only on the ground that the language used in both the Guidelines of 2022 and 2023 was exactly same, wherein it was not clearly provided as to which agency was supposed to conduct the JET/National level/State Level Entrance Examinations and thus the petitioners in the said writ petition who were said to have obtained PG degree as per the Guidelines of Ph.D. Entrance Examination, 2023 without appearing in JET/National level/State Level Entrance Examinations, were held to be fully eligible for appearing in Ph. D. Entrance Examination and the admissions of the petitioners therein was restored. The relevant paras of the order passed by the Coordinate Bench of this Court in CWP No. 14669/2023 vide order dated 05.10.2023 (Annex.9) is reproduced as under:
"11.This Court further observes that it is an admitted positionthat the petitioners Post Graduation Degrees are valid and the same have also been recognized by the respondents.
12.This Court also observes that earlier in the year 2022, the guidelines for Ph.D entrance examinations were same as that of year 2023 and the respondents allowed admission of the students who have obtained the Post Graduation Degree from the SHUATS, and thus, now only on the basis of the meeting dated 12.01.2023,the respondents cannot discriminate between the earlier students and the present petitioners (students).(Downloaded on 29/05/2024 at 08:54:45 PM)
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13.This Court further observes that even in the impugned order, the respondents have clearly stated about cancellation of the admission of the petitioners, because they did not fulfill the essential qualifications as mentioned at point no.2.1 of the guidelines in question, but in the year 2022, the respondents have given admission in the Course in question to the similarly situated students of the SHUATS. 13.1.This Court also observes that while taking the impugned decision, the respondents could not make a clear distinction between the earlier guidelines and the guidelines of 2023, and thus, fell into error in declaring the petitioners ineligible, as per the point 2.1 of the General Guidelines Ph.D Entrance Examination2023. The said point 2.1 of the General Guidelines Ph.D Entrance Examination 2023 is reproduced as hereunder:-
"EDUCATIONAL QUALIFICATION:
•Only those candidates who have their Master's degree in respective faculty subject and fulfill the qualification as prescribed as under are eligible to apply. •The candidates who have passed the M.Sc. in the respective subject from any State Agriculture Universities with 6.5 OGPA or equivalent. Incase degree awarded below 6.5 OGPA by State Agriculture Universities, 5% relaxation will be allowed to candidate belonging to SC/ST/OBC (Non creamy layer)/MBC/SAP/EWS Category. The candidates taking theadvantage of 5% relaxation will not be considered in UR category.
•Candidates who have appeared at any of the aforesaid qualifying examinations and whose results have not been declared before the commencement of the entrance examination shall provisionally be allowed to appear in the examination. The result of the examination i.e. Degree/Provisional degree and Transcript is essential at the time of option filling and reporting in the college. •Candidates who have completed their PG Degree programme through Pre-PG/National level/State level entrance examination or the candidates completed their PG degree programme from SAUs and their constituent colleges of Rajasthan.
•The candidates must have completed four-year and two- year PG degree programme for admission in Ph.D. (Home Science) from any recognized university."However, a bare perusal of the Guidelines of the year 2022 and the Guidelines of the year 2023, makes it clear that the language used in both the guidelines is exactly the same.
14.This Court further observes that the respondents cannot discriminate between the similarly situated students in the same examination, when the admissions were granted as per the guidelines in vogue at the relevant time. This Court also observes that the petitioners are meritorious students, were duly allotted the College(s), and the necessary formalities (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (37 of 45) [CW-6197/2024] and procedures have also been completed by the petitioners, including deposition of fee etc.; they have also duly complied with the direction issued by the respondents to report for completion of the course work; however, thereafter, the respondents have taken the impugned actions, which are not sustainable in the eye of law.
15.This Court further observes that the petitioners have valid Post Graduation Degrees and they appeared in the examination in question as per the guidelines for Ph.D Entrance Examination, and are even fully eligible for the same, as per the guidelines in question. Therefore, the impugned communications/orders regarding the cancellation of the admission of the petitioners are not justified in law.
16.The judgments cited at the Bar on behalf of the respondents do not render any assistance to their case.
17.Thus, in light of the above observations and looking into the factual matrix of the case, the present petitions are allowed.
17.1. Accordingly, in S.B. Writ petition No. 14731/2023, the impugned office order dated 16.09.2023 (Annexure-17) is quashed and set aside; in S.B. Writ Petition No. 14855/2023,the impugned office order dated 20.09.2023 (Annexure-17) is quashed and set aside and; in S.B. Writ Petition No. 14669/2023, the impugned office orders dated 18.09.2023(Annexure-17) are quashed and set aside; and thus, the respondents are directed to immediately restore the admissions of the petitioners in the Course(s) in question. All pending applications stand disposed of."
26. So far as the present case is concerned, there is no iota of doubt that for Ph. D. Entrance Examination, 2024, the General Guidelines is not having the same language as was provided in the Guidelines of 2022 and 2023. The relevant portion of the Guidelines for the years 2022, 2023 and 2024 reads as under:
"Guidelines of 2022- 2.1 Candidates who have completed their PG Degree programme through Pre-PG/National level/State level entrance examination or the candidates completed their PG degree programme from SAUs and their constituent colleges of Rajasthan.
Guidelines of 2023- 2.1 Candidates who have completed their PG Degree programme through Pre-PG/National level/State level entrance examination or the candidates completed their PG degree programme from SAUs and their constituent colleges of Rajasthan."
Guidelines of 2024- (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (38 of 45) [CW-6197/2024] 2.1 Candidates who have admitted in their PG Degree programme from 2019 onwards through Pre-PG/National level-CUET (ICAR)/State level entrance examination (Conducted by government body only) are eligible for Pre- Ph. D. Entrance Examinations-2024. If candidate having no proof about entrance examination for admission in PG degree programme after year 2019, then he/she may submit proof/certificate from their Dean/ Registrar/Controller of Examination of his/her respective college/University that he/she has admitted through Pre-
PG/National level-CUET(ICAR)/State level examination (Condcuted by government body only). However, the candidates who have admitted before 2019 in PG degree programme are exempted from this condition. (As per guidelines and order Øekad% i- 3¼2½ f'k{kk&4@2017 dated 18-01-2018 and 05-03-2019 issued by the Education Group-IV Department GoR, Jaipur)."
Thus, the petitioners cannot be allowed to draw parity with the students who have been given admissions inadvertently to the Pre-P.G. Entrance Examination 2023 without appearing for JET/National level-CUET (ICAR)/State level Entrance Examination (conducted by government body only) since the said students had been given admissions only on the ground that the language used in both the General Guidelines of 2022 and 2023 was exactly same wherein it was not clearly provided as to which agency was supposed to conduct the JET/National level/State Level Entrance Examinations and thus the candidates were said to have obtained PG degree and were held to be fully eligible for appearing in Ph. D. Entrance Examination, however, in the instant case, clause 2.1 clearly mentions the agencies that at the National level, CUET shall be conducted by ICAR and the State level entrance examination shall be conducted by government body only. Thus, the petitioners cannot claim similar treatment as given to those candidates in the SBCWP No. 14669/2023 decided vide order dated 05.10.2023.
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27. The petitioners submission that the action of the respondents in laying down the educational qualification of having admission in UG/PG programme from 2019 onwards through Pre-PG/National- level CUET(ICAR)/State level Entrance Examination (conducted by the State Government only) in the Guidelines of 2024 is violative of Article 14 as the similarly situated candidates are being given a different treatment, is having no force as equality before law means that amongst equals, the law should be equal and should be equally administered and the like should be treated alike, however in the present case, the petitioners cannot be said to be similarly situated to those candidates who have taken admission in their UG/PG programme from 2019 onwards through JET and therefore, it cannot be said that the respondents are discriminating between candidates who are substantially in similar circumstances.
28. Furthermore, this Court also observed that merely because the petitioners have not taken admissions in their respective U.G. and P.G. programmes through, does not make the entire condition mentioned in clause 2.1 of the General Guidelines of 2024 arbitrary and discriminatory and thus, this Court is also not inclined to grant indulgence on the ground that clause 2.1 of the General Guidelines of 2024 is violative of Article 14 of the Constitution of India.
29. Further, the policy decision taken by the respondent no. 2 by way of laying down the Educational Qualifications in the General Guidelines of 2024 require no interference by the Court as the said Guidelines have been framed upon the directions of the State (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (40 of 45) [CW-6197/2024] Government which is empowered to regulate and legislate the subjects relating to Agriculture Education and Research, Protection against Pests and Prevention of Plant diseases as well as subjects relating to legal, medical and other professions under Entry No. 14 of the State List and Entry 26 of the Concurrent List, respectively of Seventh Schedule of the Constitution of India. The relevant subjects under the Seventh Schedule is reproduced as under:
"SEVENTH SCHEDULE List II--State List
14. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.
xxxx List III--Concurrent List
26. Legal, medical and other professions."
30. This Court finds that the educational qualification for seeking admission in Pre-PG and PhD courses have been laid down in the General Guidelines of 2024 (Annex.5 and 6) in accordance with the Guidelines dated 18.01.2018 (Annex.R/2/1) issued by Joint Secretary, Higher Education, Government of Rajasthan, Jaipur, which stipulates a mandatory condition that only those candidates who have been admitted in their respective U.G. and P.G. programmes through JET/National level-CUET (ICAR)/State Level Entrance examination (conducted by government body only), only those candidates are allowed to apply for the Pre-P.G. and Ph.D. Entrance Examinations for the year 2024. Also, as per the order dated 05.03.2019 (Annex.R/1), admissions in Agricultural courses could only be given through JET for which the concerned Universities have to apply to the agency which has to conduct the said examination and it has also been seen from the order dated (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (41 of 45) [CW-6197/2024] 05.03.2019 (Annex.R/1) placed on record by the respondent state, that the mandatory condition is reiterated which prescribes that the admission in the Agricultural courses has to be given through JET. It is also observed that the relaxation in terms of appearing for the Pre-P.G. Entrance Examination for the year 2023 was given only to the students who had taken admission in B.Sc (Agriculture) Hons. in the academic session 2018-19, and in the said order dated 05.03.2019 (Annex.R/1), it was specifically mentioned that for further admissions from academic session 2019-20 onwards for B.Sc. (Agriculture) Hons. course, the guidelines dated 18.01.2018 (Annex.R/2/1) have to be followed in its letter and spirit, which the petitioners did not take into consideration in the present case. The relevant para of the Guidelines dated 18.01.2018 (Annex.R/2/1) is reproduced as under:
"11- d`f"k ikB~;Øeksa es izos'k dsoy tSV ijh{kk ds ek/;e ls gh fn;s tk ldsaxsA bl gsrq fo'ofo|ky;ksa dks lacaf/kr ,tsUlh dks vkosnu djuk gksxkA"
The relevant para of the order dated 05.03.2019 (Annex.R/1) reads as follows;
"3- ;g NwV dsoy o"kZ 2018&19 ds 'kS{kf.kd l= esa ch- ,l- lh d`f"k ¼vkWulZ½ ikB~;Øe esa gsrq gh gksxhA 4- vkxkeh 'kS{kf.kd l= 2019&20 esa ch- ,l- lh d`f"k ¼vkWulZ½ ikB~;Øe esa izos'k foHkkxh; fn'kk&funsZ'k fnukad 18-01-2018 ds vuqlkj gh fd;k tk;sxkA"
31. Admittedly, the petitioners have taken admission in the year 2019 and 2020 and the said Guidelines dated 18.01.2018 (Annex.R/2/1) were issued much prior to the date on which the petitioners have taken admission and therefore, the petitioners (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (42 of 45) [CW-6197/2024] cannot be granted exemption of appearing in the PhD entrance exam/Pre-PG Entrance Exam even if the admissions have not been taken by them through JET.
32. Further, the contention of the petitioners that despite the fact that the University has been making repeated communications, the respondents have not conducted the said exam for which the petitioners cannot be made to suffer, is also devoid of merit for the reason that the petitioners cannot be given an advantage of exemption from the educational qualification laid down in the Guidelines of Pre-PG and PhD Entrance Exam of having taken admission in the U.G. /P.G. programme through JET only because no such exam was conducted by the respondent. The petitioners could have appeared in the Pre-PG and UG Entrance Exam conducted by ICAR at National level or conducted by a government body at state level, but the petitioner has failed to do so and upon such inaction on the part of the petitioners, no benefit can be claimed by them.
33. It is also seen that the communication dated 03.04.2024 (Annex.9) placed on record by the petitioners by way of filing rejoinder through which the respondent University has sought allotment has been made much later to the cut-off date for submitting the applications for JET Exam, 2024, which has been specifically mentioned in the Circular dated 10.04.2019 (Annex.R A/2 of CWP No.6472/2024), i.e., from 1st November to 31st December for all the academic sessions from 2020-21 onwards and thus the respondent University has applied much later than the Circular dated 10.04.2019 (Annex.RA/2) and therefore the respondents were not required to consider such application. The (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (43 of 45) [CW-6197/2024] relevant paras of the Circular dated 10.04.2019 (Annex.RA/2) are reproduced as under:
"jkT; esa futh fo'ofo|ky;@MhEM ;wfuoflZVh }kjk d`f"k ikB~; Øeksa dk lapkyu fd;k tk jgk gSA bu laLFkkvksa esa jkT; Lrjh; la;qDr ijh{kk ds ek/;e ls v/;;u gsrq Nk=ksa dk vkoaVu fd;s tkus dh O;oLFkk mPp f'k{kk foHkkx ds i= fnukad 18-1-2018 ds }kjk dh x;h gSA vr% d`f"k ikB~;Øe lapkyu gsrq la;qDr izos'k ijh{kk ds ek/;e ls Nk= vkoaVu ds laca/k esa 'kS{kf.kd l= 2020&21 ls fuEukuqlkj dyS.Mj r; fd;k tkrk gSA vkosnu i= izLrqr izkIr vkosnu i=ksa dh ik=rk tSV ds ek/;e ls djus dh frFkh dh tkap Nk= vkoaVu djus dh izfØ;k 1 uoEcj ls 31 15 ekpZ rd tSV dh dkmflafyx fnlEcj rd izkjEHk gksus ls iwoZ ;g desVh futh fo'ofo|ky;ksa dh d`f"k ikB~; Øe ds v/;kiu gsrq vkbZlh,vkj ds }kjk fu/kkZfjr ekin.M ,oa mPp f'k{kk foHkkx ds fn'kk funsZ'k fnukad 18-1-2018 ds fcUnqvksa ds vuqlkj foLr`r HkkSfrd tkap 15 ekpZ rd iw.kZ dj psd fyLV ds vuqlkj tkap fjiksVZ nLrkost ,oa vuq'ka"kk lfgr jkT; ljdkj dks izLrqr djsxhA"
34. Moreover, in the absence of giving a challenge to the previous Guidelines dated 18.01.2018 (Annex.R/2/1) issued by Joint Secretary, Higher Education, Government of Rajasthan, Jaipur, in compliance of which the said General Guidelines for Admission to Master's Degree programme and Doctorate Degree programme in Agriculture and Allied Sciences in the State Agriculture Universities of Rajasthan, 2024 have been formulated, the petitioners cannot lay a challenge to clause 2.1 of the General Guidelines for Pre-P.G. and Ph.D. Entrance Examinations, 2024.
35. Further, the contention of the petitioners that the public notice placed on record by respondents No.2 and 3 were not put to notice to the petitioners at their University and, therefore, petitioners cannot be deprived of appearing in the P.G. and Ph. D. Entrance Examination, 2024 respecticely in absence of appearing in Pre- UG/PG National/State Level Entrance Examination, is also devoid of merit, inasmuch as the petitioners are seeking (Downloaded on 29/05/2024 at 08:54:45 PM) [2024:RJ-JD:22779] (44 of 45) [CW-6197/2024] admission in P.G. and Ph. D. Degree programme respectively in Agriculture and Allied Science in the State Agriculture University of Rajasthan, therefore, the petitioners could not be granted any exemption of not having appeared in Pre-PG National Level/State Level Entrance Examination. This Court also finds that if any student wants to take admission in the P.G. and Ph.D. Programme respectively in the Agriculture University, Jodhpur then an obligation is cast upon the student to fulfill all the elibility criteria as formulated by the Agriculture University and thus, the mandatory condition 2.1 of the General Guidelines issued by the Agriculture University, Jodhpur have to be applied in a uniform manner and the petitioners cannot be exempted from fulfilling the said requirement. The relevant para of the Public Notice dated 15.07.2022 (Annex.R/3) is reproduced as under:
"पाठ्यक्रमों में प्रवेश विश्वविद्यालयों के अधिनियम की धारा 32 के प्रावधानानुसार केवल मैरिट के आधार पर ही दिये जा सकते हैं परन्तु व्यावसायिक एवं तकनीकी पाठ् यक्रमों में प्रदे श केवल प्रवेश परीक्षा के माध्यम से ही दिये जा सकते हैं । जिन पाठ्यक्रमों के लिये राज्य या केन्द्र की एजे न्सियां प्रवेश परीक्षा का आयोजन करती है , उनमें प्रवेश इन एजे न्सियों से छात्र आवं टित करवाकर ही दिये जा सकते हैं । ऐसे व्यावसायिक एवं तकनीकी पाठ्यक्रम, जिनमें राज्य या केन्द्र की कोई एजे न्सी प्रवेश परीक्षा का आयोजन नही ं करती है , उनमें प्रवेश हेतु निजी विश्वविद्यालयों के संघ द्वारा प्रदे श परीक्षा का आयोजन किया जा सकता है । प्रवेश परीक्षा के आयोजन हे तु सीटों की संख्या एवं फीस का उल्लेख करते हुये प्रदे श के सभी प्रमुख समाचार पत्रों में विज्ञप्ति के माध्यम से आवे दन आमं त्रित किये जायेंगे एवं परीक्षा परिणाम व प्रवेश हे तु पात्र पाये गये विद्यार्थियों की संख्या एवं प्राप्तां क प्रतिशत का विवरण भी समाचार पत्रों / नोटिस बोर्ड में दे ना होगा व राज्य सरकार को प्रे षित करना होगा। xxxx अतः सभी अभिभावकों / विद्यार्थियों एवं आम जन को उनके हित में यह पब्लिक नोटिस जारी कर सू चित किया जाता है कि निजी विश्वविद्यालयों में उपर्युक्त वर्णित तथ्यों / प्रावधानों के अन्तर्गत निजी विश्वविद्यालयों की अधिकारिता, विनियमन, निकायों से मान्यता, विनियमन निकायों के नियमों, परिनियमों, मापदण्डों की पालना की पु ष्टि के बाद ही निर्धारित प्रक्रिया अनुसार निजी विश्वविद्यालयों के अधिनियमों के प्रावधानों का अध्ययन करने के उपरान्त विश्वविद्यालय को स्वीकृत पाठ्यक्रमों में विहित प्रकिया एवं उपरोक्त वर्णित स्पष्टीकरणों के अनुसार ही प्रवेश लेवें। "(Downloaded on 29/05/2024 at 08:54:46 PM)
[2024:RJ-JD:22779] (45 of 45) [CW-6197/2024]
36. Therefore, the petitioners cannot be given any exemption from the mandatory condition which requires them to have taken admissions in their respective UG and PG Degree Programmes through JET as the petitioners are seeking admissions in the Agriculture University, Jodhpur and such University itself has laid down the mandatory condition 2.1 under the General Guidelines for Ph.D. Entrance Examination, 2024 which have to be applied uniformly to all the students. Moreover, the petitioners have miserably failed to establish that the said Guidelines of 2024 are violative of Article 14 of the Constitution of India and merely because the petitioners have failed to appear for JET, the said Guidelines of 2024 cannot be said to be arbitrary or violative of Article 14 of the Constitution of India.
37. Thus, no interference is called for by this Court and in the result, the writ petition is dismissed. Stay Petition and other misc. application, if any pending, shall also stand disposed of.
(DR. NUPUR BHATI),J Reserve-DJ/-
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