Citation : 2025 Latest Caselaw 521 MP
Judgement Date : 8 May, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:12251
1 WP-15031-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 8 th OF MAY, 2025
WRIT PETITION No. 15031 of 2025
PIYUSH PATIDAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dinesh Singh Chauhan - Advocate for the petitioner (through VC)
Shri Amit Bhatia - G.A for the respondent/State.
ORDER
Counsel for the petitioner submits that the issue involved in the present petition is identical to the issue involved in W.P No.13575/2023 and other connected petitions and therefore the same may be disposed of in light of the judgment rendered in the aforesaid petitions.
2] This petition under Article 226 of the Constitution of India has been filed by the petitioner, seeking the following reliefs:-
"(i) That, the impugned advertisement dated 07.01.2023 (Annexure P/3), issued by the respondent no.1, may kindly be modified up to the extent that any student who has been graduated from any agriculture college with or without affiliation from ICAR will be allowed in document verification.
(ii) That, the respondents may kindly be directed there will not be any disqualification or scrutiny on the ground of affiliation of ICAR.
(iii) Any other relief which this Hon'ble Court deems fit in favour of the petitioner may also kindly be granted to the petitioner.
(iv) The cost of this petition may kindly be awarded to the petitioner.
NEUTRAL CITATION NO. 2025:MPHC-IND:12251
2 WP-15031-2025
3] The petitioner is aggrieved of the advertisement dated 07.1.2023, issued by the respondent no.2/ Additional Director, Kisan Kalyan Tatha Krishi Vikas Vibhag, Bhopal wherein, the applications, inter alia, for the post of Block Technology Manager and Assistant Technology Manager have been invited.
4] The aforesaid advertisement has been challenged by the petitioner on the ground that it prescribes the minimum qualification to be the degree or post- graduation degree from an institute recognized by the Bhartiya Krishi Anusadhan Parishad (Indian Council of Agriculture and Research- hereinafter referred to as the ICAR).
5] The petitioner's contention is that the said condition of the institute
being accredited with ICAR has been additionally imposed in the aforesaid advertisement issued in the year 2023, despite the fact that the National Agricultural Education Accreditation Board itself, in the minutes of meeting dated on 20.3.2017, has already taken a decision that the accreditation from ICAR is not mandatory but, rather voluntary for the agricultural colleges/programmes and university. Thus, it is submitted that the aforesaid condition may be struck off in respect of those petitioners, who have been declared qualified in the examination.
6] Counsel for the petitioners has also drawn the attention of this Court to the earlier guidelines of the year 2014, in which, the educational qualifications for the post of Block Technology Manager and Assistant Technology Manager do not provide for the accreditation of the college from ICAR.
7] Attention of this Court has also been drawn to the advertisement issued by the respondent no.2/ Additional Director, Kisan Kalyan Tatha Krishi Vikas Vibhag, Bhopal for the post of Block Technology Manager and Assistant
NEUTRAL CITATION NO. 2025:MPHC-IND:12251
3 WP-15031-2025 Technology Manager in which also, no such accreditation is required.
8] On the other hand, Counsel for the respondent/State has opposed the prayer. A reply has also been filed wherein, the respondents have taken a stand that because of the executive instruction received from the State vide order dated 24.8.2022, in which it is provided that the candidates must have passed the adequate educational qualification from a college recognized by the ICAR. However, counsel for the respondent/State has not disputed that the instruction of the minutes of the meeting held by the National Agricultural Education Accreditation Board are binding on the respondents, which do not prescribe the mandatory condition that the educational institution must be accredited with ICAR.
9] Heard. Having considered the rival submissions, and on perusal of the documents filed on record, it is apparent that as per the minutes of the meeting of National Agricultural Education Accreditation Board held on 20.3.2017, it has been resolved as under:-
" 5.0 Other Agenda items 5.1 Clarification from Centurion University of Technology and Management, Bhubaneswar regarding essential requirement of ICAR accreditation for taking admission in masters programmes in Agricultural Universities.The Board deliberated the issue in the line with the observations and representations made by Students and institutions and decided to issue a clarification to appropriate authorities containing the following subject:
Since the accreditation from ICAR is not mandatory, rather voluntary, for the agricultural colleges/programmes and universities, the students from non-accredited programmes/colleges/universities may not be denied for higher studies and employment. However, for quality assurance, all State Universities and private universities offering courses in agricultural science should initiate process of accreditation with the Council."
10] It is apparent from the aforesaid resolution that the accreditation from
NEUTRAL CITATION NO. 2025:MPHC-IND:12251
4 WP-15031-2025 ICAR is not at all mandatory but, it is only voluntary, and on the other hand it is also directed that all State Universities and private universities offering courses in agricultural science should initiate process of accreditation with the Council. Thus, the respondents ought not to have made it a mandatory condition that the Institution from which, the candidates have passed their graduation or post- graduation must be accredited with ICAR.
11] In such circumstances, the aforesaid condition of the advertisement mandating that the educational Institutions/colleges must be accredited with ICAR is hereby quashed.
12] Accordingly, the petition is allowed, and the respondents are directed to proceed further with the process of appointment of those petitioners, who are eligible and have passed in the examination.
13] Let the aforesaid exercise be completed within a further period of two months, from the date of receipt of the certified copy of this order.
14] All the interlocutory applications are hereby disposed of.
(SUBODH ABHYANKAR) JUDGE
PK
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