Rajasthan High Court - Jodhpur
Vijay Prakash Bhadani vs State Of Rajasthan (2023/Rjjd/010358) on 17 April, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
[2023/RJJD/010358]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1667/2020
Vijay Prakash Bhadani S/o Mr. Vishnu Prakash Bhadani, Aged
About 31 Years, B/c Brahmin, R/o Singhyon Ka Chowk, Bada
Bazar, Bikaner (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Director, College Education,
Jaipur (Rajasthan).
2. The Bar Council Of India, Through Its Secretary Having
Address At 21, Rouse Avenue Institutional Area, Near Bal
Bhawan, Mata Sundari Railway Colony, Mandi House (New
Delhi).
3. The Bar Council Of Rajasthan, Through Its Secretary
Having Address At High Court Road, Building, Jodhpur
(Rajasthan).
4. Maharaja Ganga Singh University, Bikaner Through Its
Registrar Having Address At National Highway 15,
Jaisalmer Road, Near Nall Road, Bikaner (Rajasthan).
5. Principal, Gyan Vidhi P.g. Mahavidhyalya, Bikaner Having
Address At Cine Magic, Cinema Road, Near Shiv Valley
Colony, Gangashahar, Bikaner (Rajasthan).
6. Vardhman Mahaveer Open University, Kota Through Its
Registrar Having Address At Rawatbhata Road, Kota
(Rajasthan)
----Respondents
For Petitioner(s) : Mr. Jatin Sankhla
For Respondent(s) : Mr. B.K. Vyas
Mr. A.K. Rajvanshy
HON'BLE DR. JUSTICE NUPUR BHATI
Order 17/04/2023 Learned counsel for the petitioner submits that the controversy involved in the writ petition is squarely covered by the (Downloaded on 17/04/2023 at 11:17:10 PM) [2023/RJJD/010358] (2 of 5) [CW-1667/2020] judgment of the Coordinate Bench of this Court dated 09.10.2017 passed in S.B. Civil Writ Petition No.8632/2016 which is reproduced hereinbelow:-
"The prayer in the present writ petition is for issuance of the present writ direction to the respondents to provide admission to the petitioner in the LL.B. First Year in the Nehru Memorial Law P.G. College, Hanumangarh Town, District Hanumangarh. It is contended that since the petitioner fulfills all eligibility criteria for admission in LL.B. Degree Course, he submitted an application before the respondent No. 5 seeking admission in the LL.B. First year. The petitioner also submitted an application before the respondent No. 5 on 06.06.2016 stating that since he has passed the B.A.P. Course which is equivalent to 10+2 examination and the High Court in S.B. Civil Writ Petition Nos. 1594, 1595, 1596 of 2009 and 8814 of 2003 decided vide Order dated 22.02.2010 has held the B.A.P. course equivalent to the Senior Secondary course, he should be, accordingly, provided admission in LL.B. Degree Course. Thereafter, the petitioner was Informed only response to his application under the Right to Information Act vide Communication dated 20.07.2016 that he cannot be granted admission in the LL.B. First Year as he has undergone his graduation without obtaining the basic qualification of senior secondary.
Reply has been filed by various respondents. As per the reply filed by the respondent No. 4, the petitioner himself has placed on record the order issued by the Board of Secondary Education, Rajasthan, Ajmer on 23.01.2014 in which it was clearly mentioned that the B.A.P., B.C.P. and B.S.C.P. (one year) programs run by Vardhman Mahaveer Open University, Kota is to (Downloaded on 17/04/2023 at 11:17:10 PM) [2023/RJJD/010358] (3 of 5) [CW-1667/2020] be treated equivalent to the Senior Secondary course only 2014. Since the petiti with effect from 01.01.2014. Since the petitioner had passed his B.A.P. course before the said date, the same cannot be considered as equivalent to the Senior Secondary Course.
Heard.
Learned counsel for the parties have not been able to dispute that the controversy involved in the present case is no more res- integra in view of the judgments rendered by the learned Single Bench of this Court in the case of Baboo Lal Meena & ors. Vs. State of Rajasthan & ors. reported in 2010(2) WLN 197 (Raj.) as well as Division Bench of this Court in the case of State of Rajasthan & ors. Vs. Lachcha Ram & 14 ors. reported in 2012(1) WLC (Raj.) 339. While allowing the appeals, the learned Division Bench of this Court in the case of State of Rajasthan & ors. Vs. Lachcha Ram & ors. (supra) has specifically held as under :-
""It was not open to the State Government to contend that such incumbents, who have completed BSTC Course after passing 10th class and BAP Course from Kota Open University and are graduate also, are not eligible for appointment to the post of Prabodhak. We also find that for admission to graduation course in Kota Open University, Senior Secondary is eligibility criteria and the students who have passed 10th class examination and have undertaken BAP course are treated as eligible for admission to graduation course. It is apparent that Kota Open University is treating BAP course as equivalent to Senior Secondary and that is why admissions are (Downloaded on 17/04/2023 at 11:17:10 PM) [2023/RJJD/010358] (4 of 5) [CW-1667/2020] given to graduation course, certificate to the contrary is of no avail to the State. It is not in dispute that at the relevant time, admission to graduation course in Kota Open University could not have been given to a person without possessing Senior Secondary Examination certificate or its equivalent, thus, for all purposes, the incumbents who have been given admission to graduation course after passing BAP course were treated as having qualification equivalent to Senior Secondary or intermediate. The same is also reflected in the State Government's Circular dated 03.05.2002/09.05.2002. Thus, in our considered opinion, there is no infirmity in the view taken by Hon'ble Prakash Tatia J. in the orders which have been impugned by the State. We accordingly affirm the same and set aside the view of the Single Bench based on the decision in the case of Suja Ram (supra), Jamant Singh (supra) and Civil Writ Petition No. 5951/2008 (Smt. Priti Dixit Vs. State of Rajasthan & ors.) inasmuch as dealing with aforesaid question as rest of the questions are not before us for adjudication in these appeals and hold that the view taken in Suja Ram's case and in other orders based thereupon, does not lay down correct law as sufficient material to form correct opinion was not placed before the Single Bench deciding Suja Ram's case, which has been simpliciter followed in other cases."
This Court finds nothing to distinguish the case of the petitioner from the ratio of judgment rendered in (Downloaded on 17/04/2023 at 11:17:10 PM) [2023/RJJD/010358] (5 of 5) [CW-1667/2020] the case of Baboo Lal Meena & ors. Vs. State of Rajasthan & ors. (supra) as well as State of Rajasthan & ors. Vs. Lachcha Ram & 14 ors. (supra).
Accordingly, the present writ petition is allowed. respondents are directed to consider the case of the petitioner for admission in the LL.B. First Year Course in the academic session 2018-19 after considering the certificate of the petitioner of BAP Course as equivalent to the Senior Secondary Course of the Board of Secondary Education, Rajasthan, and grant him admission, if he is otherwise eligible."
Learned counsel for the respondents are in agreement.
The present writ petition is allowed in the same terms of order passed by the Coordinate Bench of this Court in SB Civil Writ Petition No.8632/2016 (Rajpal Vs. The State of Rajasthan & Ors.).
(DR.NUPUR BHATI),J 127-/Devesh/-
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