Himachal Pradesh High Court
Date Of Decision: 27.12.2024 vs Chaudhary Sarwan Kumar Himachal ... on 27 December, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:16372
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2258 of 2023
Date of Decision: 27.12.2024
_____________________________________________________________________
Ms. Sugandha Chauhan & Ors.
.........Petitioners
Versus
Chaudhary Sarwan Kumar Himachal Pradesh Krishi
Vishvavidyalaya & Ors.
.......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioners: Mr. Sanjeev Bhushan, Senior Advocate, with
Mr. Rakesh Chauhan, Advocate, for the
petitioner.
For the respondents: Ms. Aruna Chauhan, Advocate, for respondent
No. 1.
Mr. Balram Sharma, DSGI, with Mr. Rajeev
Sharma, Advocate, for respondents No. 2 & 3.
Mr. Anup Rattan, Advocate General, Mr. Rajan
Kahol, Mr. Vishal Panwar & Mr. B.C. Verma,
Additional Advocate Generals, with Mr. Ravi
Chauhan, Deputy Advocate General,
respondent-State.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Precisely, the question, which needs to be determined in the case at hand is that "whether a person initially granted admission against self-financing seat can be subsequently adjusted against subsidized seat on account of non-joining of the candidate selected against the subsidized seat."
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2. Precisely, the facts, relevant for adjudication of the case at hand are that petitioners herein, being fully eligible appeared for the Ph.D admission test conducted by Indian Council of Agricultural Research (hereinafter "ICAR") in the subjects of Soil Science, Genetics, Plant Breeding and Agronomy, respectively. After their having cleared examination, as detailed hereinabove, petitioners applied for admission in the Ph.D course concerned to the respondent/University, which without waiting for result of mop-up round counselling conducted by the ICAR, proceeded to grant admission to eligible students against State quota. Since petitioners herein were lower in merit, they could not be granted admission against subsidized seats, rather were given admission against self- financing seats.
3. Though communication dated 18.03.2023 issued under the signatures of Dean, Postgraduate Studies of respondent/University, suggests that no seat in the subjects of Agronomy, Genetics, Plant Breeding and soil sciences, was left unfilled after counselling conducted by ICAR, but since some of the students, who were granted admission in afore courses by ICAR under All India quota, failed to join, some of seats in aforesaid subjects remained unfilled.
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4. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sanjeev Bhushan, learned Senior Counsel representing the petitioners, is that since one seat each allotted under All India quota in the subjects of Agronomy, Genetics, Soil Sciences and Plant Breeding were lying vacant and as per prospectus, such seats were required to be filled by the respondent/University, petitioners herein, who admittedly at first instance were given admission on the basis of their merit against the self-financing seats, ought to have been upgraded/shifted against the subsidized seats.
5. Pursuant to notices issued in the instant proceedings, respondent/University has filed reply, wherein it has been categorically admitted that two candidates in the discipline of Agronomy, one in the discipline of Entomology, one in the discipline of Genetics & Plant Breeding and one in the discipline in Soil Science in Ph.D programme neither joined nor vacated their allotted seats from the ICAR quota in the respondent/University. Though respondent/University has categorically admitted factum with regard to availability of seats, as detailed hereinabove, but attempt has been made to refute the claim of the petitioners on the ground that the seats allotted by ICAR under All India quota cannot be filled up by respondent/University and as such, there is no occasion, if any, to upgrade the petitioners from self financing seats to subsidized seats. 4
2024:HHC:16372 However, afore stand put-forth by the respondent/University appears to be totally contrary to the provision contained in the prospectus as well as communication dated 15.03.2023 written by Assistant Director General HRD ICAR New Delhi.
6. At this stage, it would be apt to take note of Clause 5 of the Brochure issued by the respondent/University for entrance test to the Ph.D courses (Annexure R-III annexed with the reply filed by the respondent/University available at page No. 72 of the paper book.) "In case the ICAR's/VCI counselling concludes and the seats remain vacant under B 1(b), B 2(b) and B 3(b), the same will be filled up by the University on merit as per mode of admission at the time of final round of counselling/mop-up round and will be open to all eligible candidates."
7. It is also apt to reproduce the relevant extract of communication dated 15.03.2023 issued by the ICAR (Annexure R-V):
"As you are kindly aware that Online Counselling process for admission through ICAR's 27th AIEEA (PG) and AICE-JRF/SRF(Ph.D.)-2022 has completed on 23.02.2023 after Mop-up/Final round of online counselling as per the approved schedule. However, a special Counselling round (10.03.2023 to 13.03.2023) was arranged for petitioners (4 Nos.) on the direction of Hon'ble High Court of Delhi. As such, now the counselling by the ICAR has been completed on 13.03.2023.
Your kind attention is invited to clause 6.0 of AIEEA (PG) and AICE- JRF/SRF(Ph.D.)- 2022 Online Counselling Brochure available on the ICAR counselling portal (https://icarexam.net/).5
2024:HHC:16372 In accordance with the above provision, the ICAR quota seats after the final round of online counselling, if remain vacant, shall automatically stand released to the Agricultural University concerned for filling up at their level and as per the procedure in vogue at the respective university. These seats will no more be called as ICAR seats and treated as university seats. Once the counselling/admission process is over, filling up of any subsequent vacancies created due to any reasons, shall not be the responsibility of ICAR. No correspondence in this regard will be entertained either from the universities or from any candidate.
The vacant/left over seat matrix after Mop-up/Final round of AIEEA (PG) and AICE- JRF/SRF(Ph.D.)-2022 counselling is available on the ICAR website (www.icar.org.in) and ICAR counselling portal (https://icarexam.net/) as ready reference. Further, SAUs Authority may kindly take note of the Court order/judgement of Hon'ble High Court of Delhi in the matter of WP(C) 752/2022 dated 10.09.2022 about filling/admission of vacant seats after completion of Mop- Final round of counselling (copy attached as ready reference)."
8. Careful perusal of Clause 5 of Prospectus and communication dated 15.03.2023 clearly reveal that ICAR quota seats after the final round of online counselling, if remain vacant, shall automatically stand released to the Agricultural University concerned for filing up at their level and as per the procedure in vogue in the respective university. It has been categorically stated in the communication that afore seats will no more be called as ICAR seats and shall be treated as university seats. As per aforesaid communication, once the counselling/admission process is over, ICAR shall not be responsible for filling any subsequent seats that may become available due to any reasons, rather in that regard, steps, if 6 2024:HHC:16372 any, shall have to be taken by the respondent/University. In the instant case, as has been taken note hereinabove, respondent/University proceeded to conclude the State level counselling without waiting for the result of mop-up round conducted by ICAR, as a result thereof, some of the seats allotted under All India Quota by ICAR remained unfilled on account of non-joining of candidates, allotted seats under All India Quota. It is not in dispute, rather stand duly admitted by the respondent/University that three seats allotted by ICAR under All India quota remained unfilled on account of non-joining of candidates, which were otherwise required to be filled up by the respondent/University.
9. Admittedly, in the case at hand, three seats allotted by ICAR under All India quota are lying vacant in different disciplines and at this stage, same cannot be filled up by initiating a fresh admission process and as such, prayer made by the petitioners inasmuch as their upgradation from self-financing quota to subsidized quota deserves to be considered. Since it is not in dispute that petitioners herein were granted admission in respective courses strictly as per their merit during counselling conducted by the respondent/University, coupled with the fact that one seat each in the subject of Entomology, Genetics, Plant Breeding and Soil Science are lying vacant, there appears to be no impediment in accepting the 7 2024:HHC:16372 prayer made on behalf of petitioners for upgradation. Otherwise also, had respondent/University taken afore three seats into consideration, while conducting State Level counselling, petitioners herein would have been admitted against the subsidized seats, especially when, there is nothing to suggest that candidates higher in merit were also available at the relevant time. There is nothing in the reply filed by the respondent/ University suggestive of the fact that apart from petitioners herein, candidates higher in merit were available at the time of State Level counselling conducted by the respondent/University. Since at relevant time, petitioners were very much in the merit list, but were unable to get subsidized seats on account of their being lower in merit, coupled with the fact that at present three seats are lying vacant, no prejudice, if any, shall be caused to the respondent/University, in case prayer made in the instant petition on behalf of petitioner for upgradation, is accepted. In Similar facts and circumstances, Division Bench of this Court in case titled Sanchit Sahu Vs. CSK. H.P. Krishi Vishvavidyalaya, CWP No. 1500 of 2023, directed respondent/University to upgrade candidate namely Ms. Akriti Jaswal from self-financing to subsidized seat in the subject of M.Sc, Agronomy. Relevant paras of aforesaid judgment read as under:-
"3. Learned counsel for the respondent-University has opposed the petition, but has failed to controvert the submissions made by learned 8 2024:HHC:16372 senior counsel for the petitioner. However, it has been averred by the learned counsel for the respondent that the vacant seat in stream of M.Sc. Agronomy is liable to be offered to a candidate as per merit.
4. Facts in the present case are not in dispute. Admittedly, counselling has been held by the ICAR as well as the University for filling up various posts in Master Degree Programme.
5. Clause 6.0 reads as under:-
6.0 FILLING OF VACANT SEATS AFTER THE COUNSELING The ICAR quota seats after the final round of online counseling, if remain vacant, shall automatically stand released to the Agricultural University concerned for filling up at their level and as per the procedure in vogue at the respective university. These seats will no more be called as ICAR seats and treated as university seats. Once the counseling/admission process is over, filling up of any subsequent vacancies created due to any reasons, shall not be the responsibility of ICAR. No correspondence in this regard will be entertained either from the universities or from any candidate."
6. Thus, as per the above provisions, any seat, which remains vacant after ICAR Counselling, the same is to be filled up by the concerned University. In the present case, the University had held its counselling before the ICAR counselling. In case University had conducted its counselling after ICAR counselling, then all the seats would have been filled up by the University as per merits.
7. Now, admittedly, one seat in M.Sc. Agronomy is lying vacant after ICAR counselling and the same is to be filled up by the respondentUniversity on merit. It is further an admitted case that so far as Akriti Jamwal is concerned, she had got admission in M.Sc. Agronomy underself financing scheme. On account of a vacant seat after ICAR counselling, candidate Akriti Jamwal is now to be treated in the subsidized scheme. In consequence thereto, one seat in self finance scheme becomes vacant. The same is liable to be filled up on the basis of merit.
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2024:HHC:16372 Accordingly, respondent-University is directed to fill up the vacant seat lying in self finance scheme as per merit within two days. Pending application(s), if any, shall also stand disposed of.
10. Consequently, in view of the above, this Court finds merit in the present petition and accordingly, the same is allowed with a direction to the respondent/University to convert the seats of the petitioners herein from self-financing to subsidized seats and fee, if any, paid by the petitioners under self-financing quota be refunded/adjusted in future fee, if any, payable qua subsidized seat. Pending applications, if any, stand disposed of.
December 27, 2024 (Sandeep Sharma), (Sunil) Judge