Rajasthan High Court - Jodhpur
Joy Wilson vs Jai Narain Vyas University, Jodhpur on 23 February, 2022
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 9) [CW-15865/2018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15865/2018
Joy Wilson S/o Shri Ashok Kumar Wilson, Aged About 29 Years,
R/o Iv/8, Pokaran House, Near Pwd Circle, Ratanada, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
For Petitioner(s) : Dr. Nikhil Dungawat
For Respondent(s) : Mr. B.L. Tiwari (on VC)
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 23/02/2022 In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
The writ petition has been preferred claiming the following reliefs:-
"A. by appropriate writ and direction the order the respondent University may kindly be directed to issue the consolidated marksheet of M.Sc. (Computer Science) MDSU syllabus Final Year immediately or within 07 days.
B. Any other appropriate writ, or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. C. Writ petition filed by the petitioner may kindly be allowed with costs."
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(2 of 9) [CW-15865/2018] Brief facts of the case as noticed by this Court are that the petitioner took admission in PLV Memorial College, Jodhpur in the M.Sc. (Computer Science). The bone of contention is that the petitioner could not qualify two papers in M.Sc. (Previous), but was promoted to M.Sc. final year and was allowed to appear in the final year examination of M.Sc. (Computer Science) with the due papers. In the final examination held in 2015, though he passed in all other subjects but he again failed in MSC 106 Operating Systems of M.Sc. Pre. The petitioner again re-appeared in the examination Session of 2015-16 regarding the due papers whereby again he was declared failed in MSC 106 Operating Systems. In the meanwhile, the affiliation of the college, for the particular course, was transferred from M.D.S. University, Ajmer to J.N.V. University, Jodhpur. The University issued an advertisement on 27.04.2017 (Annexure-5) for the M.D.S. University, Ajmer syllabus that anybody with due papers are invited to give examination are having the last opportunity of clearing it, thereafter, no further examinations of M.D.S University course would be conducted. The petitioner, in pursuance of the advertisement, filled the form for Computer Science and deposited the examination fee. The petitioner was declared passed in the said examination, a copy of the mark-sheet dated 30.01.2018, issued by the respondent-University, which is Annexure-7 of the writ petition. The petitioner, thereafter, sought the marksheet so as to get the benefit of the overall qualification of M.Sc. but the same was not given, and thus, he had no option but to approach this Court.
Learned counsel for the petitioner submits that the respondent University invited the students of M.D.S. University (Downloaded on 28/02/2022 at 08:26:00 PM) (3 of 9) [CW-15865/2018] vide open advertisement, and thereafter, in pursuance of this advertisement, the petitioner submitted the examination fee and examination form which were accepted and the petitioner was given an entrance card, the fee receipts are also annexed.
Learned counsel for the petitioner further submits that thereafter, the proper marksheet was issued on passing the said examination and now the respondents are denying the M.Sc. Degree on the pretext that the petitioner was ineligible to fill the form as after two chances, he was not entitled to get the third chance. Learned counsel also submits that the respondents are barred by estoppel to take a stand of debarring the present petitioner from M.Sc. Degree on account of more than two chances in light of their own regulations because they with open eyes have invited the students, and thereafter, accepted the examination form and examination fee and allowed the petitioner to participate in the examination, which he consequently passed.
Learned counsel for the petitioner further submits that if some untoward information was concealed by the petitioner or there was some role attributed to the present petitioner, which would have resulted into his disqualification on ineligibility then it was upto the University to have debarred him, but the petitioner with a fair approach and a transparent procedure, applied for the examination and cleared the same, and thus, cannot be blamed for any irregularity, which has crept in due to the University and the college concerned erring.
Per contra, learned counsel for the respondents submits that the PLV Memorial College, Jodhpur has wrongly recommended the examinations form of the present petitioner and such trick has been played upon the University to gain undue benefits. Learned (Downloaded on 28/02/2022 at 08:26:00 PM) (4 of 9) [CW-15865/2018] counsel further submits that there is a specific regulation, which is 17(a)-2-(iii), entitles the petitioner to take two chances only to clear the due papers whereas the present chance is the third chance, and thus, he cannot be allowed to get away with the ineligibility to pass the M.Sc. (Computer Science) examination.
Learned counsel for the respondents also submits that the P.G. course in the college was affiliated to M.D.S. University, Ajmer but because of certain territory transfer, the college came to be affiliated with J.N.V. University, Jodhpur, and thus, the terms and conditions in the scheme of M.D.S. University syllabus M.Sc. (Computer Science), which are in regulation 17(a)-2-(iii) have to be adhered to strictly in this case.
Learned counsel for the petitioner has relied upon the precedent law laid down by the Hon'ble Apex Court in Sanatan Gauda Vs. Berhampur University & Ors. reported in AIR 1990 Supreme Court 1075, in which, the Hon'ble Apex Court has allowed the declaration of result and passing of examination.
Learned counsel for the petitioner has also referred to the judgment rendered by the Division Bench of this Hon'ble Court in Nitesh Kumar Goyal & Ors. Vs. Maharaja Ganga Singh University, Bikaner (D.B. Civil Special Appeal (Writ) No.244/2016) decided on 25.05.2016, the relevant portion of which reads as follows:-
"In appeal, the argument advanced by learned counsel for the appellants is that the appellants applied for admission to M.Sc. (Chemistry) by relying upon the conditions given in the prospectus published and issued by the College and that nowhere discloses the eligibility for admission to the course concerned. The appellants being under bonafide belief that they are eligible to be admitted to the course concerned, submitted applications and took admission and if there is any fault in their admission, (Downloaded on 28/02/2022 at 08:26:00 PM) (5 of 9) [CW-15865/2018] that is due to the College and for that they cannot be penalised. It is further submitted that the equity also demands to make the admission of the appellants absolute, otherwise they have to suffer a loss of two precious years spent to acquire education.
Per contra, it is stated by learned counsel for the University that the College played a mischief by admitting the students who were not eligible and for that necessary proceedings have already been initiated to take adequate action, however, in any case the admission of the appellants which are contrary to the eligibility norms do not create any right in their favour to continue with the post graduation course in science. It is asserted that no equity sustains contrary to law, thus, the Single Bench rightly dismissed the petition for writ.
On asking, learned counsel appearing on behalf of the College accepted that in the prospectus the eligibility for admission to M.Sc. (Chemistry) and other post graduate courses was not disclosed. We too perused the prospectus, that nowhere mentions the eligibility for admission to the couse of M.Sc.
Heard learned counsels.
As already stated, it is the position admitted that the prospectus of the respondent College nowhere mentions about eligibility for admission to M.Sc. Course. The College was aware about the eligibility requirement and also the ineligibility of the appellants for admission to the M.Sc. course, but admitted them. Pertinent to mention that immediately after admission of the appellants, the College wrote a letter to the Commissioner, College Education on 26.8.2014, seeking approval of the admission to the students in M.Sc., who were not having minimum requisite marks for admission to the course aforesaid. It is further relevant to mention that the Commissioner, College Education, is absolutely stranger so far as eligibility for admission is concerned.
In this factual background, we are having no doubt that the College intentionally and knowingly admitted the appellants to the course of M.Sc. despite their ineligibility. Learned Single Bench, thus, rightly observed that the College violated the Guidelines/Policy/Rules laid down by the University. We are also having our own doubts about the fact that the appellants were innocent and they were also not knowing about their ineligibility and further that they simply acted as per the prospectus published and issued by the College. True it is, the conduct of the College as well as the appellants is deplorable, but at the same (Downloaded on 28/02/2022 at 08:26:00 PM) (6 of 9) [CW-15865/2018] time we are of the view that the appellants are young boys and they have spent two precious years in acquiring studies, hence, their conduct can be saddled in a better way by imposing some other punishment instead of cancelling their admission to the course of M.Sc. We would also like to state that the eligibility prescribed is not statutory but administrative in nature.
In the instant matter too the appellants have undergone two years studies and have also appeared in M.Sc. (Final) examinations. The cancellation of their examination at this stage shall be too harsh. The cancellation of their admission though will adversely effect their entire career, but shall not be any lesson for the College, the Principal culprit in committing the wrong. The College, as already stated, knowingly and intentionally admitted the appellant petitioners in the course of M.Sc., thus, deserves to be dealt with sternly. We are also of the view that the University should also be vigilant and should provide necessary guidelines to ensure that no Institution/Body/ person may misuse its authority relating to admission in educational courses.
In view of whatever stated above, we deem it appropriate to dispose of this appeal with following orders and directions :-
1.The judgment impugned dated 19.2.2016, passed by learned Single Bench dismissing the writ petition, is set aside;
2.The admissions of the appellant petitioners with the course of M.Sc. (Chemistry) are made absolute provided each of them deposits a cost of Rs.5000/- with the Rajasthan High Court Legal Aid Committee within a period of one month from today;
3.The result of the appellants be also declared after depositing the cost in the terms above;
4.The respondent College is saddled with the cost of rupees two lacs that is to be deposited with the Rajasthan High Court Legal Aid Committee within a period of one month from today, failing which the College shall not be permitted to admit any student in forthcoming educational session in the post graduation courses;
5.The University is at liberty to proceed against the College to take appropriate action for violation of the eligibility conditions; and
6.The respondent University is directed to ensure that each and every College affiliated with it publishes the eligibility required for admission in different courses in their prospectus and also in the notice for admission, if any, published in any news paper or other form of media. The respondent College shall also ensure that in (Downloaded on 28/02/2022 at 08:26:00 PM) (7 of 9) [CW-15865/2018] all its future prospectus there shall be complete details about eligibility as settled by the University/the State time to time for admission to the course concerned."
After hearing learned counsel for the parties as well as perusing the record of the case along with the precedent laws cited at Bar, this Court finds that the petitioner, being a student, took admission in M.Sc. (Computer Science) in PLV Memorial College, Jodhpur under the aegis of M.D.S. University, Ajmer, which was subsequently transferred to JNV University, Jodhpur due to territory transfer. The petitioner's not clearing of two papers in M.Sc. (Previous) and then further not clearing them again after two more chances were given, has resulted into the present anomaly.
This Court fails to understand as to in what circumstances, the University issued an advertisement No.5/2017-18 dated 27.04.2017 whereby inviting all students of M.D.S. University syllabus for a last chance to appear in the due papers without making any mention of ineligibility or any kind of conditions. The University with open eyes issued this advertisement and on the face of the advertisement, there is no ineligibility, which the petitioner would suffer.
In pursuance of the advertisement, the petitioner filled the examination form and examination fee, which are on record and the respondents after the scrutiny of the examination form in question, have with open eyes permitted the petitioner to take the examination, and thereafter, declared the result and declared him pass and the mark-sheet for the same paper was also issued. Apparently, the petitioner has not supplied any wrong information or has concealed anything from the respondent-University. The (Downloaded on 28/02/2022 at 08:26:00 PM) (8 of 9) [CW-15865/2018] petitioner has simply filled his form and given all the necessary information which was available to him and nothing is attributed to him, which could shadow the conduct of the petitioner so as to not to entitle him from the degree in question.
The stand of learned counsel for the respondents that it was the mischief of the college, is unacceptable at this stage because how to regulate the college is the business of the University but for the same, the student cannot be permitted to suffer and at this fag end when the petitioner himself has taken all the examination on merits and has cleared them, it would be too harsh to deprive him of the degree in question, it will result into the complete M.Sc. studies being nullified whereas the petitioner has passed each and every papers on merits may be after an additional chance, which he may or may not have been entitled too. The University should have been vigilant in regulating their colleges and the students cannot be blamed for the conduct of the college and the University, who jointly issued the advertisement and then the consequential examination was conducted and the result was declared where the petitioner passed.
The judgment of Nitesh Kumar Goyal (supra) passed by the Division Bench of this Hon'ble Court is directly applicable in the present facts and circumstances.
In view of the above, this Court deems it appropriate to allow the writ petition with the following directions:-
(a) The University is directed to issue the consolidated marksheet of M.Sc. (Computer Science) M.D.S. University syllabus to the present petitioner within a period of thirty days from today.
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(9 of 9) [CW-15865/2018]
(b) The petitioner shall be required to pay a cost of Rs.5,000/-
with the Rajasthan High Court Legal Services Committee within a period of one month from today.
(c) The respondent-University is at liberty to proceed against the PLV Memorial College, Jodhpur to take appropriate action for violation of eligibility conditions, if found.
All pending applications stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
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