Rajasthan High Court - Jodhpur
Anil Kumawat vs State Of Rajasthan ... on 11 August, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:25579]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11154/2023
1. Anil Kumawat S/o Sita Ram Kumawat, Aged About 20
Years, R/o Badiwalo Ki Dhani, Rojadi, Tehsil Phulera,
Jaipur.
2. Manish Gurjar S/o Shish Ram Gurjar, Aged About 19
Years, R/o 148 Shri Ram Nagar Vistar, Jhotwara, Jaipur.
3. Ram Kalyan Jangir S/o Rajesh Kumar Jangir, Aged About
19 Years, R/o Sundar Nagar, Ward No. 1 Chaksu, Jaipur.
4. Ranveer Dudi S/o Om Prakash Choudhary, Aged About 20
Years, R/o Dudiyo Ki Dhani, Matyawas, Tehsil Phulera,
Jaipur.
5. Vijay Khorwal S/o Raju Lal Khorwal, Aged About 19 Years,
R/o Barna, Regar Mohalla, Tehsil Kishangarh, Ajmer.
6. Manish Kumawat S/o Ramesh Chand Kumawat, Aged
About 20 Years, R/o Mannapura, Khediram, Akoda, Tehsil
Phulera, District Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary Animal
And Husbandry Department, Jaipur.
2. Coordinator, Rajasthan University And Veterinary And
Animal Science, Bikaner.
3. Controller Of Examinations, Rajasthan University Of
Veterinary And Animal Science, Bikaner.
4. Registrar, Rajasthan University Of Veterinary And Animal
Science, Bikaner.
5. Subhash College Of Animal Husbandry, Gajsinghpura,
Opposite Power House, Ajmer Road, Jaipur.
----Respondents
For Petitioner(s) : Mr. RJ Punia
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
(Downloaded on 12/11/2023 at 04:14:19 AM)
[2023:RJ-JD:25579] (2 of 4) [CW-11154/2023]
11/08/2023
1. The petitioners have preferred the present writ petition
claiming the following reliefs :-
""It is, therefore, most humbly and respectfully prayed that
this writ petition may kindly be allowed and by an
appropriate writ, order or direction:-
i) That the respondent no.2 may kindly be directed to give
admission / enrolment to the petitioners in the AHDP Course
in session 2022-23.
ii) That the admission by the institution on the vacant seat
may be validated in the AHDP Course in session 2022-23.
iii) Any other relief/reliefs, which this Hon'ble Court may
deem just and proper in the facts and circumstances of the
case, may kindly be passed in favour of the petitioners in
the interest of justice.
iv) Costs of the writ petition may kindly be awarded in
favour of the petitioners.""
2. Learned counsel for the petitioner submits that the
controversy involved in the present matter is squarely covered by
the judgment rendered by this Court in the case of Aasuddeen &
Ors. Vs State of Rajasthan (S.B.Civil Writ Petition
No.8677/2023), decided along with the other connected matters
on 10.08.2023 and seeks similar directions for the present
petitioners also; the relevant portion of the order reads as
under:-
"7. Heard learned counsel for the parties as well as
perused the record of the case.
8. This Court observes that the issue involved in the
all instant petitions is common. The respondents issued
an advertisement for admission in the Course in
question, whereafter, two rounds of counselling were
conducted. After such process, the Colleges gave
admissions to the students under the State quota
(Downloaded on 12/11/2023 at 04:14:19 AM)
[2023:RJ-JD:25579] (3 of 4) [CW-11154/2023]
without any written permission. The Colleges also sent
the list of those students to the respondent, but the
respondent enrolled only those students who were
admitted through counselling, and not to those
students who were given admission beyond prescribed
limit/quota.
9. This Court further observes that 85% seats were
to be filled against the State quota through counselling
only, while the remaining 15% management quota
seats were to be filled by the concerned Colleges, and
therefore, once the allocation of the seats was
prescribed, the Colleges cannot breach such quota
without any prior permission.
10. This Court also observes that after two rounds of
counselling pertaining to the Course in question, still
the seats are lying vacant under the State quota; the
Colleges itself started giving admissions to the students
in the Course in question without any communication
or any permission of the respondent-University.
11. This Court further observes that the Office of the
Registrar, Rajasthan University of Veterinary And
Animal Sciences, Bikaner vide letter dated 02.05.2023
directed the Principal(s) of the concerned AHDP
Institute(s) affiliated to the respondent-University not
to give admission to any student under the State quota
in the Course in question, beyond the prescribed limit/
quota, with the stipulation that, "if any ADHP institute
is found involved in making such admissions, they will
be fully responsible for this act.".
12. In the present adjudication, this Court has also
kept into consideration the fact that on an earlier
occasion also, one time relaxation has been granted by
the respondents, in grant of admissions by the
institutions in the 85% Quota of State beyond the
State counselling.
(Downloaded on 12/11/2023 at 04:14:19 AM)
[2023:RJ-JD:25579] (4 of 4) [CW-11154/2023]
13. In view of the above, it is directed that in case
the respondents conduct any further counselling, as
per the policy, within 60 days from today, and after
such counselling, any seat(s), under the State quota of
85% and Management quota of 15%, is found vacant,
the respondents shall consider the candidature of the
petitioners (students), against such vacant seat(s),
strictly in accordance with law. It is made clear that
the respondents shall be free to initiate any lawful
action against the petitioners (Colleges) for grant of
illegal admissions, if so warranted. Until such
consideration and consequent permission is granted by
the respondents, no student shall have a right to
pursue the Course and their admissions will remain null
and void (illegal.).
14. The present petitions stand disposed of
accordingly. All pending applications also stand
disposed of. "
3. In light of the aforequoted judgment, the present petition is
also disposed of in the same terms. All pending applications also
stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
68-Sudheer/-
Powered by TCPDF (www.tcpdf.org)
