Delhi High Court - Orders
Mahesh Kolhe And Ors vs Indian Council Of Agricultural ... on 31 January, 2025
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1252/2025
MAHESH KOLHE AND ORS .....Petitioners
Through: Mr. Adarsh Kumar Pandey, Adv.
versus
INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ORS
.....Respondents
Through: Mr. Farman Ali, SPC with Ms. Usha
Jamnal, Mr. Krishan Kumar, Advs.
for R-2 and 3.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 31.01.2025 CM APPL. 6192/2025 & CM APPL. 6193/2025 Exemption is allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 1252/2025 The present petition has been filed under Article 226 of the Constitution of India with the following prayer:
―a) Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the Respondents to extend the cut-off date for submission of Provisional Degree Certificates (PDC) for candidates from Maharashtra Animal and Fishery Science University (MAFSU) till the time aforesaid University issues Provisional Degree Certificates(PDC) to its students and allow the Petitioners to retain their initial allotments made as on 15.01.2025; and/or This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 22:53:41
b) Direct the Respondents to accept Provisional Course Completion Certificates (PCC) with an undertaking from the Registrar of Maharashtra Animal and Fishery Science University (MAFSU)in lieu of the Provisional Degree Certificate (PDC) for the purpose of admission to the Master's programs for the academic year 2024-2025; and/or
c) pass such other or further orders or such directions as this Hon'ble Court may deem fit and Proper in the facts and circumstances of the case and to meet the ends of justice.‖ Learned counsel for the petitioner submits that the present petition has been filed by the students pursuing their Degree of Bachelor of Veterinary Sciences &Animal Husbandry (BVSc &AH)from the College of Veterinary and Animal Sciences, Parbhani under Maharashtra Animal and Fishery Sciences University, Nagpur (MS). It has been submitted that on identical grounds, an earlier writ petition bearing W.P.(C) 901/2025 and W.P.(C) 773/2025 was filed by the students of the same course in which this Court, after taking into account the facts and circumstance has inter alia passed the following order on 24.01.2025:
―The present petitions have been filed by the students who after having completed the degree of bachelor from Veterinary Sciences & Animal Husbandry(BVSc & AH) from College of Veterinary and Animal Sciences, Parbhani under Maharashtra Animal and Fishery Sciences University, Nagpur (MS). The degree of Bachelor of Veterinary Science & Animal Husbandry is a 5.5yearsgraduation professional degree course with 4.5 years of college and 1 year of compulsory rotational internship program.
The Petitioners appeared for the Indian Council of Agricultural Research (ICAR) Postgraduate (PG) Entrance Exam on 29.06.2024 and secured high ranks. Initially This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 22:53:41 respondent- ICAR prescribed 31.07.2024 as the last date for submitting the Provisional Degree Certificate (PDC) in its admission brochure. However, this was extended to 15.01.2025. The petitioners submit that despite the extension students from Maharashtra Animal and Fishery Science University (MAFSU) could not submit their PDCs by 15.01.2025, astheir mandatory internship would conclude only on28.01.2025, with viva-voce scheduled for 30th and 31st January2025 and the final result is expected by 07.02.2025, following which PDCs and transcripts would be issued.
Learned counsel for the petitioner submits that the Vice Chancellor, Maharashtra Animal and FisheryScience University (MAFSU) vide letter dated 24.10.2024requested the respondent no. 1 to either further extend the deadline of Provisional Degree Certificates (PDC) submission or accept the provisional course completion certificate with an undertaking from the Registrar of admission. However, the request was not entertained and the public notice dated 12.11.2024 confirming the counsel Schedule with PDC cut- off date as 15.01.2025 was notified.
Learned counsel submits that on 02.01.2025 and 06.01.2025 the Petitioners made representations via email to respondent no. 1 seeking permission to participate in the admission process using the Provisional Course Completion Certificate (PCCC) and Registrar's undertaking. However no response was received.
Learned counsel further submitted that on 15.01.2025, the Petitioners were provisionally allotted seats at various IVRI colleges, however on 17.01.2025 the allotment was cancelled by the ICAR on account of non submission of Provisional Degree Certificate. Learned counsel for the petitioner submits that the action of the respondent no. 1 has left the carrier of the petitioners in lurch. Learned counsel submits that despite having successfully completed the Bachelor Degree Course and securing good ranks in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 22:53:43 ICAR PG Exams, the allotment has been cancelled for technical reason of non submission of Provisional Degree Certificate. Learned counsel submits that there is no fault on the part of the petitioner as the compulsory internship would complete only on 30.01.2025 and 31.01.2025.
Mr. Arnav Mittal and Mr. Siddharth Khatana, learned counsels for the respondents submit that the petitioners have invoked the jurisdiction of this court with much delay. Learned counsel submits that initially the cut-off date was 31.07.2024, which was extended taking into account the difficulty of the student by a high power committee including Vice Chancellor's of different Universities to 15.01.2025.
Learned counsel submits that infact it is the fault of the MAFSU i.e. the concerned university that they did not complete their course within the time frame. Learned counsel submits that even the concerned university has not made been a party. It has further been submitted that the colleges in which seats have allotted have also not been made party. Learned counsel further submits that infact after allotment of the seat provisional admission has to be granted by the colleges.
Learned counsel for the petitioners has fairly submitted that Maharashtra Animal and Fishery Science University (MAFSU) is a necessary party, and he shall move an appropriate application for impleading the same. Learned counsel also submits that he will also move an appropriate application for impleading the colleges.
Let Maharashtra Animal and Fishery Science University (MAFSU) and the colleges to which the petitioners have been allotted seats be impleaded as parties. Amended memo of parties be filed. Impleaded parties be also served through all permissible modes on steps to be taken by the petitioner. In the meanwhile, the Court considers that although the petitioners have invoked its jurisdiction at a belated stage, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 22:53:45 and even though the writ petition suffers from many defects, such as the non-impleading of necessary parties. However, since the petitioners are bright students, and their academic year should not go waste due to the technical reason of not furnishing the Provisional Degree Certificate or Provisional Course Completion Certificate.
In these circumstances, the Secretary of the Indian Council of Agricultural Research (ICAR) is requested to consider the petitioners' issues in consultation with Maharashtra Animal and Fishery Science University (MAFSU) and the colleges to which the petitioners have been granted admission, and to find a solution to the matter. The Court earnestly requests and believes that the Secretary of the Indian Council of Agricultural Research (ICAR) shall take proactive and expeditious action in the interest of the petitioners.
List the matter on 04.02.2025.
In the meantime, status quo shall be maintained regarding the seats allotted to the petitioners on 15.01.2025. If these admissions/allotments have already been cancelled and the seats have been allocated to other students, the status of those students shall not be disturbed.‖ Issue notice.
Learned counsel for respondent No.1 has accepted the notice. Learned counsel for respondent Nos.2 and 3 has also accepted the notice.
Let remaining respondents be served through all permissible modes on steps to be taken by the petitioner, returnable on 04.02.2025.
Process be given dasti.
CM APPL. 6191/2025The present application has been filed under Section 151 CPC for This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 22:53:46 grant of ad-interim relief of allowing the petitioners to participate in the second round of allotment to be conducted by respondent No.1 on 21.01.2025 by relaxing the cut-off date for submission of provisional degree certificate (PDC).
Issue notice.
Learned counsel for respondent No.1 has accepted the notice. Learned counsel for respondent Nos.2 and 3 has accepted the notice. Let remaining respondents be served through all permissible modes on steps to be taken by the petitioner, returnable on 04.02.2025.
Process be given dasti.
In the meantime, in view of the order dated 24.01.2025 passed by this Court in connected writ petitions bearing W.P.(C)901/2025 and W.P.(C)773/2025 on 24.01.2025, let the status quo be maintained regarding the seats allotted to the petitioners on 15.01.2025. If these admissions/allotments have already been cancelled and the seats have been allocated to other students, the status of those students shall not be disturbed.
DINESH KUMAR SHARMA, J JANUARY 31, 2025/AR/SMG..
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 22:53:47