Ramya Singh vs University Of Rajasthan
2022 Latest Caselaw 4997 Raj

Citation : 2022 Latest Caselaw 4997 Raj
Judgement Date : 4 April, 2022

Rajasthan High Court - Jodhpur

Ramya Singh vs University Of Rajasthan on 4 April, 2022

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 2567/2022

Ramya Singh D/o Gopal Sandu, Aged About 28 Years, 67, Vidhyanagar, Gali No.2, Bjs Colony, Jodhpur, Rajasthan 342001

----Petitioner Versus

1. University Of Rajasthan, Through Vice Chancellor, Jawahar Lal Nehru Marg, Rajasthan University Campus, Talvandi, Jaipur, Rajasthan 302004

2. Convenor, Admission Committee, University Of Rajasthan, Jawahar Lal Nehru Marg, Rajasthan University Campus, Talvandi, Jaipur, Rajasthan 302004

3. Head Of Department Of Political Science, University Of Rajasthan, Jawahar Lal Nehru Marg, Rajasthan University Campus, Talvandi, Jaipur, Rajasthan 302004

----Respondents

For Petitioner(s) : Mr. Gopal Sandu

For Respondent(s) : Mr. Sanjay Mathur

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/04/2022

This writ petition is preferred on behalf of petitioner

with the following reliefs :

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"It is, therefore, humbly prayed that without being prejudice to the contest of petitioner upon merits of the case in proper court of law, the present writ petition may kindly be allowed and the Hon'ble court be pleased;

1. To direct the respondents to act in accordance with the rules and consequently, grant admission to the petitioner.

2. To direct the respondent to quash the Admission List, issue afresh Admission list and allow petitioner to participate in admission process.

3. Any other relief as the Hon'ble Court may deem fit and proper in the interest of Justice and Equity."

As per the petitioner, she has applied for admission

in the University of Rajasthan for Ph.D. and M.Phil.

through UNIRAJ-MPAT 2019 & 2020 Examination. In the

application form, the petitioner has given her first

preference for admission in Ph.D (Political Science),

second preference for M.Phil. (Political Science) and third

preference for M.Phil. (Gandhian Studies) respectively.

It is the case of the petitioner that she secured total

180 + 10 marks in the entrance examination and the

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respondent-University while declaring the results has

issued a provisional admission list on 25.1.2022, but later

on, has cancelled the said provisional admission list and

issued another provisional admission list on 12.2.2022,

however, when the petitioner's name has not been shown

in the aforesaid list, she approached the respondent-

University, but her grievances have not been redressed.

Hence, this writ petition.

Learned counsel for the petitioner has submitted that

admittedly, the petitioner could not secured her

admission in Ph.D (Political Science) as more meritorious

persons are there, but she is entitled to be admitted in

the M.Phil. (Political Science) Course as per her merit. It

is further submitted that from the provisional admission

list issued by the respondent-University (Annex.6) for

admission in the M.Phil. (Political Science) Course, it is

clear that the persons, who secured less marks than the

petitioner, have been granted admission.

Learned counsel for the petitioner has submitted that

as per Clause-7 of the Notification issued by the

University of Rajasthan, Jaipur, wherein reference of

Ordinance 123-V has been given, admission to the M.Phil.

Programme shall be made on the basis of merit of the

applicant in an entrance test. It is further submitted that

(4 of 6) [CW-2567/2022]

the petitioner is more meritorious, but the respondent-

University has ignored her merit and gave admission to

the persons, who are less meritorious than her for

admission in the M.Phil. (Political Science) Course for the

Session 2021-22.

Reply to the writ petition has been filed on behalf of

the respondent-University.

It is the case of the respondent-University that a

Grievance Committee was constituted for the purpose of

redressing grievances of the candidates relating to

admissions in M.Phil./Ph.D. Programme and it has

decided that a separate list may be prepared as per the

first preference given by the candidates and admission

may be made accordingly.

Learned counsel for the respondent-University has

submitted that as the petitioner has given her first

preference for admission in Ph.D. (Political Science), but

as more meritorious persons are available, therefore, she

could not be granted admission in the Ph.D. (Political

Science) Course. It is also submitted that though, the

petitioner is more meritorious than those persons, who

were provided admission in M.Phil. (Political Science)

Course, but as per the decision of the Grievance

Committee only, the first preference given by the

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candidates is taken into consideration and admissions

were given accordingly.

Learned counsel for the petitioner has placed

reliance on the Notification issued by the University of

Rajasthan, Jaipur in relation to the admissions in the

M.Phil. Degree. In the said Notification, reference of

Ordinance 123-V has been given and Clause-7 of the

Notification reads as under :

"7. The admission to the M.Phil.

Programme shall be made on the basis of merit of the applicant in an entrance test hereinafter referred to as University of Rajasthan M.Phil./Ph.D. Admission Test (Uniraj-MPAT) conducted by the University and reservation policy of Government of Rajasthan shall be applicable."

(Emphasis Supplied)

Learned counsel for the respondent-University has

admitted that the said Notification is issued by the

University of Rajasthan, Jaipur only.

Having gone through Clause-7 of the aforesaid

Notification, wherein reference of Ordinance 123-V is

given, this Court is of the view that the decision of the

Grievance Committee of the respondent-University to

grant admission to the students only on the basis of first

(6 of 6) [CW-2567/2022]

preference given by the candidates, is illegal and contrary

to Ordinance 123-V as well as the Notification issued by