Rajasthan High Court - Jodhpur
Mitali Kalal Choudhary vs The State Of Rajasthan on 28 May, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:22779] (1 of 45) [CW-6197/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 6197/2024
1. Mitali Kalal Choudhary D/o Udai Lal Choudhary, aged
about 21 years, R/o Nimbahera Road, Chikarada,
Chittorgarh (Raj.)
2. Deepshikha Choudhary D/o Arjun Lal Choudhary, aged
about 22 years, R/o Kewalpura, Chittorgarh (Raj.)
3. Rahi Damor D/o Natwar Lal Damor, aged about 22 years,
R/o Kamal Bharti Kutiya, New Hospital Road, B.Ed.
College Ke Pass, Dungarpur (Raj.)
4. Manisha Goswami D/o Jagdish Puri, aged about 23 years,
25, R/o Ward No.26, Tekri Choraha, Girwa, Udaipur (Raj.)
5. Akansha Vyas D/o Sunil Kumar Vyas, aged about 22
years, R/o Ghyan Ji Ka Chowk, Mangari Mohalla,
Gangapur, Sahara, Bhilwara (Raj.)
6. Karan Purbia S/o Kailash Purbia, aged about 23 years, R/
o 12, Main Road, Near Hanuman Mandir, Madar Badgaon,
Udaipur (Raj.)
7. Amit Kumawat S/o Gopal Kumawat, aged about 22 years,
R/o 84, 3, Near Holi Chowk, Pula, Girwa, Udaipur (Raj.)
8. Shubham Puri Goswami S/o Sunil Puri Goswami, aged
about 24 years, R/o Near Kumharo Ka Bhatta, 38, Puri
Mohalla, Mali Colony, H Magri, Udaipur (Raj.)
9. Mahaver Singh Ranawat S/o Khim Singh Ranawat, aged
about 20 years, R/o Padrada, Udaipur (Raj.)
10. Punit Kumar S/o Mukesh Kumar Dhakad, aged about 21
years, R/o House No.87, Basant Vihar, Nayagaon,
Neemuch, Madhya Pradesh.
11. Pankaj KuamrDhaker S/o Manohar LalDhaker, aged about
22 years, R/o Thukrai, Chittorgarh (Raj.)
12. Manas Gamot S/o Gamot Rajesh, aged about 20 years, R/
o Ward No.2, Ganesh Vadi, Paloda, Banswara (Raj.)
13. Moulik Dixit S/o Raj Gopal Dixit, aged about 22 years, R/o
3, Kheman Ghati, Bhatiyani Chouhata, Girwa, Udaipur
(Raj.)
14. Kunal Chouhan S/o Dinesh Chandra Chouhan, aged about
19 years, R/o Near Old Bus Stand, Mavli, District Udaipur
(Raj.)
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15. Kuntesh Dabi S/o Surendra Singh Dabi, aged about 20
years, R/o Amar Nagar, Sirohi (Raj.)
16. Preksha Nagar D/o Prakash Chandra Rawal, aged about
24 years, R/o 9, Adarsh Nagar, Gariyawas, Girwa, Udaipur
(Raj.)
17. Yagyesh Purohit S/o Pradeep Purohi, aged about 25
years, R/o Ward No.4, Buchiya Bada, Saroda, District
Dungarpur (Raj.)
----Petitioners
Versus
1. The State of Rajasthan through the Secretary,
Department of Agriculture, Government of Rajasthan,
Secretariat, Jaipur.
2. The Agriculture University-Jodhpur, through its Registrar,
Jodhpur-342304.
3. Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed to be
University), through its Registrar, Airport Road, Pratap
Nagar, Udaipur-313001.
----Respondents
Connected With
S.B. Civil Writ Petition No. 6113/2024
1. Bhaskar Shastri S/o Bhanu Kumar Shastri, aged about 23
years, R/o C-28, 29 Pratap Nagar, Ganesh Bagh, Police
Line Road, Bundi (Rajasthan) 323001.
2. Tarun Kumar Kumawat S/o Mukesh Kumar Kumawat,
aged about 25 years, R/o Mamodiya Ki Dhani,
Machharkhani, Jobner, Jaipur, Rajasthan 303328.
3. Piyush Parihar S/o Madan Mohan Parihar, aged about 25
years, R/o 534, Subhash Nagar 2nd, Kota (Raj.).
4. Manish Saini S/o Ramesh Chander Saini, aged about 24
years, R/o 70, Saini Colony Malpura Road Sanganer,
Jaipur, Rajasthan.
5. Shankar Lal Yadav S/o Prabhu Dayal Yadav, aged about
25 years, R/o Moharu Ji Ki Dhani, Kalyanpura, Amer,
Jaipur, Rajasthan.
6. Rohit Rathore S/o Narendra Singh Rathore, aged about 27
years, 90, R/o Ashapurna Township, Pali, Rajasthan.
7. Vinod Sharma S/o Jagdish Prasad Sharma, aged about 25
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years, R/o 19, Hariyana Brahmano Ki Dhani,
Jaychandpura, Post Neemera, Jaipur Raj. - 302012
8. Suresh Saini S/o Shri Narayan Saini, aged about 23
years, R/o Sawai Madhopur Singh Pura, Chaksu, Jaipur,
303901, Rajasthan.
9. Nitisha Sankhla D/o Pradeep Kumar Sankhla, aged about
24 years, R/o A-9, Choudhary Colony, Vaishali Nagar
Ajmer, Rajasthan.
10. Ankit Singh S/o Rajpal Singh, aged about 25 years, R/o
M.S. Rawat Colony, Foy Sagar Road Ajmer (305005)
Rajasthan.
11. Devanshi Sharma D/o Kailash Chandra Sharma, aged
about 25 years, R/o Plot No. 33 Marg No. 3 Govind Nagar
East Amer Road, Jaipur Rajasthan.
12. Nikhil Shrimali S/o Anil Shrimali, aged about 25 years, R/
o Samta Nagar, Bedla Road Udaipur 313001 Rajasthan.
13. Sunita Choudhary D/o Ranglal Choudhary, aged about 23
years, R/o 65, Jawahar Nagar MalpuraTonk, Rajasthan
304502.
14. Rahul Choudhary S/o Shravan Kumar Choudhary, aged
about 24 years, R/o VPO Sinwar, Jaipur (Rajasthan)
302012.
15. Manveer Singh S/o Rajpal Singh, aged about 24 years, R/
o Kodi House, Major Colony, Near Water Tank, Jobner,
Jaipur, Rajasthan 303328.
----Petitioners
Versus
1. Co-Ordinator, Jet/pre-Pg-Ph.d Entrance Examination-
2024, Agriculture University Jodhpur, Jodhpur, Rajasthan.
2. Registrar, Agriculture University Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 6472/2024
1. Anju Choudhary, R/o Rulaniya Ki Dhani, Tehsil Murlipura,
District Jaipur, Rajasthan.
2. Gauri Shanker Sharma D/o Shri Dinesh Kumar Sharma,
aged about 25 years, R/o Bhambhoriya, District Jaipur,
Rajasthan.
----Petitioners
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Versus
1. State of Rajasthan through the Principal Secretary,
Department of Higher and Technical Education (Group-4),
Secretariat, Jaipur, Rajasthan.
2. Coordinator, Jet/ Pre-Pg/ Ph.d. Entrance Examination -
2024, Agriculture University, Jodhpur, Rajasthan.
3. Agriculture University, Jodhpur, Rajasthan through its
Registrar.
----Respondents
For Petitioner(s) : Mr. Vineet Dave, Mr. Bhavit Sharma,
Mr. Kaushik Dave.
Mr. Nihar Jain &
Mr. Nikhil Kumawat.
Mr. Raghu Nadnan Sharma, Through
VC
For Respondent(s) : Mr. Tapendra Sankhla on behalf of
Mr. B.L. Bhati, AAG.
Mr. SunielPurohit.
Mr. Kuldeep Solanki.
Mr. Yogesh Sharma on behalf of
Mr. Manish Patel, AAG.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
Reserved on: 20/05/2024
Pronounced on: 28/05/2024
[Civil Writ Petition Nos. 6472/2024 and 6113/2024]
1. Though the matter had been listed in the 'Fresh' category, at
the joint request of both the parties, the matter is heard finally
today itself.
2. Both the writ petitions, Civil Writ Petition No. 6472/2024 and
Civil Writ Petition No. 6113/2024 are being decided by this
commonorder, however, facts of Civil Writ Petition No.
6472/2024 are illustratively taken for consideration.
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3. This writ petition has been filed under Article 226 of the
Constitution of India, challenging the condition/clause bulleted
point no. 4 of 2.1 of the guidelines issued for the Pre-Ph.D.
Examination 2024 (Annex.11). The petitioners have also sought
directions to the respondents to permit the petitioners to fill the
entrance form for the admission to Ph.D. programme in
Agriculture Universities in Rajasthan for academic session 2024 in
pursuance to the Notification dated 09.03.2024 (Annex.10) and
further to grant admission to the petitioners to the Ph.D.
programme in Agriculture Universities in Rajasthan for the
academic session 2024 and allow them to pursue their Ph.D.
degree, if they qualify and find place in the merit list of JET, 2024
and are above the cutoff in their respective category in pursuance
to the Notification dated 09.03.2024 (Annex.10). Certain other
ancillary relief(s) have also been sought by the petitioners.
4. Briefly stated, the facts of the case are that the petitioners
are the students of the Sam Higginbottom Unviersity of
Agriculture, Sciences and Technology, Prayagraj, Uttar Pradesh
and have completed their post-graduation in M.Sc. Agriculture
(Soil Science Agri Chemistry) and M.Sc. Agriculture (Agriculture
Extension and Communication). SHUATS, Prayagraj has been
recognized and accredited by ICAR, eligible for granting
admissions in various M.Sc. programmes.
5. The petitioners have been admitted in the P.G. programme
after participating in National Level Online Entrance Test
conducted by SHUATS, for the academic session 2021-22
(Annex.2-colly).
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6. Desirous of pursuing Ph.D. in Agriculture and Allied Sciences
in State Agriculture Universities, Rajasthan, the petitioners tried
filling the online application form, however, due to the name of
their University, SHUATS, not appearing in the column against the
title 'College/University' for the Ph.D. programme, the petitioners
were not able to fill the application forms for the Ph.D. Entrance
Examination since, under clause 2.1 of the General Guidelines for
Ph.D. Examination 2023 (Annex.11), a mandatory condition has
been imposed whereby only those students who had been
admitted in their P.G. degree programme or U.G. degree
programme from 2019 onwards through JET/ National-level CUET
(ICAR)/ State level entrance examination (conducted by
Government Body only) are eligible for their Ph.D. Entrance
Examination, 2024.
7. Thus, aggrieved of the said clause 2.1 of the General
Guidelines (Annex.11), the petitioners have filed the present writ
petition.
8. Learned counsel for the petitioners, Mr. Nihar Jain and Mr.
Raghu Nandan Sharma, jointly submitted that since the petitioners
have acquired qualification from a University situated at Prayagraj,
therefore, the Guidelines dated 18.01.2018 (Annex.R/2/1) and the
Public Notice dated 05.03.2019 (Annex.R/2/5) issued by the
Government of Rajasthan shall not apply qua the petitioners and
the respondents by way of this notice cannot compel the
candidates like the petitioners, to have the educational
qualification of having been admitted to their P.G. degree
programme after 2019, through Pre-PG/National level-
CUET(ICAR)/State level entrance examination (conducted by
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government body only). Learned counsel for the petitioners
further contended that the respodent Coordinator does not have
the authority to prescribe the guidelines, while prescribing the
educational qualification of mandatorily having been admitted to
their PG degree programme through Pre-PG/National level-
CUET(ICAR)/State level entrance examination (conducted by
government body only), for seeking admission in the college. He
further submitted that the action of the respondents in not
permitting the petitioners to appear in Ph. D. Entrance
Examination, 2024 on the ground that the petitioners have not
been granted admission in the P.G. through Pre-PG/National level-
CUET (ICAR)/State level entrance examination (Conducted by
government body only) is arbitrary and discriminatory since it
deprives the petitioners from applying for Ph.D. Entrance
Examination 2024.
9. Learned counsel for the petitioners further jointly contended
that the respondents have adopted pick and chose method,
inasmuch the students were granted admissions to the P.G.
programme without appearing in Pre-PG/National level-CUET
(ICAR)/State level entrance examination (Conducted by
government body only) in 2018, while the petitioners are being
arbitrarily denied from filing their applications for appearing in the
Ph.D. Entrance Examination.
10. Learned counsel for the petitioners also jointly submitted
that the respondents have allowed certain students to appear for
Ph.D. Entrance Examination 2023, and subsequently the said
students have been granted admissions to the Ph.D. programme
without even appearing in Pre-PG/National level-CUET
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(ICAR)/State level entrance examination (Conducted by
government body only), however, it is only the petitioners who are
being deprived from appearing in the Ph.D. Entrance Examination,
2024 under clause 2.1 of the General Guidelines of 2024, which
amounts to discrimination against the petitioners. He further
submitted that vide the order passed by the Coordinate Bench of
this Court in the SBCWP No.14669/2023 : Anuradha & Ors. v. Sri
Karan Narendra Agriculture University & Ors. decided on
05.10.2023 (Annex.9), the admissions were granted to the
students who did not appear in the JET/National level-CUET/State
level examination and thus, in the light of the said order the
respondents have acted in discriminatory manner while denying
the petitioners to fill their forms for Ph.D. Entrance Examination,
2024 in the absence of fulfilling the mandatory educational
qualification of getting admissions in their PG degree programme
through JET/National level-CUET(ICAR)/ State level entrance
examination only.
11. The respondents No.2 and 3 have filed preliminary reply to
the writ petition. With regard to Clause 2.1 of the Guidelines
(Annex.11), the respondents have alleged that the aforesaid
condition is in consonance with the directions issued by the State
Government as per Guidelines dated 18.01.2018 (Annex.R/2/1),
wherein it has been mandated that admissions in the Agriculture
courses shall only be permitted through JET Examination. In the
reply, it is alleged that a public notice dated 19.03.2019 (Annex.R/
2/2) came to be issued by the State Government while again
reiterating that admissions in the Universities are to be given only
on the basis of merit, however, for professional and technical
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courses, the admission are to be given through entrance
examination and for the courses in which the State/Central
Agencies are conducting entrance exams, the Universities are
supposed to admit the students after getting the students allotted
from the concerned agencies.
12. A reference of another public notice dated 15.07.2022
(Annex.R/2/3) has also been made in the reply, whereby the
condition of admitting the students on the basis of merit and in
the courses where professional and technical education is
imparted, the Universities were asked to admit the students
through entrance exam conducted by State/Central agencies and
this condition has been widely circulated with all the concerned
Universities for compliance. In the reply, the respondent no. 2 has
further stated that the petitioners have failed to challenge the
Guidelines dated 18.01.2018 (Annex.R/2/1) as well as the order
dated 05.03.2019 (Annex.R/2/5) and Public Notice dated
15.07.2022 (Annex.R/2/3) issued by the respondents and thus, in
the absence of laying challenge to the previously issued Guidelines
dated 18.01.2018 (Annex.R/2/1) as well as the order dated
05.03.2019 (Annex.R/2/5) and Public Notice dated 15.07.2022
(Annex.R/2/3), by the repondents, no infirmity or illegality can be
pointed in the General Guidelines of 2024 by the petitioners
13. The respondent State has further alleged that Entry 14 of
the State list along with Entry 26 of the Concurrent List of Seventh
Schedule of the Constitution of India empowers the State
Government to regulate and legislate the subjects relating to
agriculture education and research, protection against pests and
prevention of plant disease as well as subjects relating to legal,
[2024:RJ-JD:22779] (10 of 45) [CW-6197/2024]
Medical and other professions respectively. He also submitted that
thus, by virtue of the said Entries enshrined in the State List as
well as the Concurrent List in the Seventh Schedule of the
Constitution of India, the respondents have the authority to
impose valid conditions for the purpose of adjudging the eligibility
of the incumbents for participation in JET-2024 and Clause 2.1 of
the General Guidelines is completely valid and legal.
14. Learned counsel for respondent no. 2 submitted that the
contention of the petitioners that students have been admitted to
the P.G. programme in the year 2018 without appearing for
JET/National level-CUET (ICAR)/State Level Entrance Examination
(conducted by government body only) while the petitioners have
been arbitrarily denied from filing the application forms for Ph.D.
Entrance Examination on the same ground, is baseless as only
those students who had completed their P.G. course in the year
2018, i.e., prior to the Guidelines issued by the State on
18.01.2018 (Annex.R/2/1) have been given admission in the Ph.D.
programme.
15. The respondent no. 2 in the reply, while adverting to the
judgment dated 05.10.2023 passed by this Court in SBCWP
No.14669/2023 : Anuradha & Ors. v. Sri Karan Narendra
Agriculture University & Ors. and other connected writ petitions,
has alleged that the facts of aforesaid writ petition were entirely
different to that of present writ petition, inasmuch as the
guidelines issued for said entrance examination were not akin to
the present process and in the aforesaid case, this Court had
considered the judgment of Delhi High Court in the case of Abha
George & Ors. v. All India Institute of Medical Sciences (AIIMS) &
[2024:RJ-JD:22779] (11 of 45) [CW-6197/2024]
Anr. : (W.P.12263/2021 & CM Appl.38369/2021) decided on
02.02.2022, which was particularly relating to the fact that if at all
any ineligible candidates have been given admission on account of
fault on the part of college/University, then the incumbent cannot
be penalized on account of negligence of the University. In the
reply filed by the respondents, it has been alleged that in the
earlier process the students were given admission and were
allotted the colleges, then a decision of cancellation of admission
was held bad in the eyes of law, but in the instant case, Clause
2.1 of the Guidelines is altogether different and the petitioners are
not yet even permitted to submit their application forms which is a
stage much prior to the grant of admissions and, thus the
judgment dated 05.10.2023 passed by this Court is of no avail to
the petitioners.
16. In their reply, the respondent nos. 2 and 3 have further
stated that so far as entrance test conducted by SHUATS
University is concerned, the same is not in consonance with the
Guidelines issued by the State Government dated 18.01.2018
(Annex.R/2/1) and thus the petitioners have rightly been denied
to fill their application form for Pre-Ph. D. Entrance Examination.
17. Learned counsel for the respondents submitted that Joint
Entrance Test is to be conducted, for the professional and
technical programme, and subsequently, admission is to be given
only through the said entrance examination. He also submitted
that it has been specifically mentioned in the Guidelines issued by
the State Government dated 18.01.2018 (Annex.R/2/1) that the
State and Central Level Agency shall be conducting the
examination and in case all these agencies do not conduct
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examination, then the entrance examination can be conducted by
the Association of Private Colleges. He also submitted that in the
instant case, the entrance examination was neither conducted at
State Level nor Central Level and nor through Association of
Private Colleges and thus the petitioners are not having the
educational qualification of getting admitted to their PG degree
programme through Pre-PG/National level-CUET(ICAR)/State level
entrance examination (conducted by government body only).
18. Learned counsel for the respondents further submitted that
after 2019, no students have been permitted to participate in the
examination who have not been admitted to their PG degree
programme through Pre-PG/National level-CUET(ICAR)/State level
entrance examination (conducted by government body only) and
the petitioners who are not fulfilling the eligibility criteria cannot
be permitted to seek any relaxation in the educational qualification
which requires the petitioners to have been admitted to their PG
degree programme only through Pre-PG/National level-
CUET(ICAR)/State level entrance examination (conducted by
government body only).
19. I have considered the submissions made by counsel for the
parties and have perused the material available on record.
20. This Court finds that the contention of the petitioners that
the students have been granted admissions to P.G. programme in
2018 without appearing in the JET is not sustainable because the
said condition requiring the applicants to have obtained
admissions to the P.G. programme, only after appearing in the JET
was stipulated vide the Guidelines dated 18.01.2018
(Annex.R/2/1) and thus, the students who have completed the PG
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course in 2018 were rightly exempted from the condition of
appearing in JET for appearing in the Ph.D. Entrance Examinations
because the said Guidelines cannot be given a retrospective effect.
The relevant condition of 18.08.2018 (Annex.R/2/1) is reproduced
as under:
"11- d`f"k ikB~;Øeksa es izos'k dsoy tSV ijh{kk ds ek/;e ls gh fn;s
tk ldsaxsA bl gsrq fo'ofo|ky;ksa dks lacaf/kr ,tsUlh dks vkosnu
djuk gksxkA"
21. It is also seen that the contention of the petitioners that the
candidates, who had been given admission by respondents
without appearing in Pre-P.G. Entrance Examination in the year
2023 and the petitioners, who are not allowed to participate in the
Ph.D. Entrance Examination, 2024 without appearing for Pre-P.G.
Entrance Examination through Pre-PG/National level-CUET (ICAR)/
State level entrance examination (Conducted by government body
only) have been discriminated even though the students who were
granted approval to appear in the Ph.D. Entrance Examination,
2023, are similarly situated to the petitioners, is having no force
for the reason that the Coordinate Bench of this Court in CWP No.
14669/2023 vide order dated 05.10.2023 (Annex.9) had
categorically observed that in the year 2022, the Guidelines for
Ph. D. Entrance Examination were same as that of the year 2023
and the respondents allowed admission of the students, who had
been admitted to the P.G. programme by appearing in the SHUATS
Entrance Examination for P.G. programme. The Coordinate Bench
of this Court observed that the respondents had given admission
to the students of SHUATS in the year 2022 as per the condition
no. 2.1 of the General Guidelines Ph.D. Entrance Examination,
2022 whereby the requirement was relating to the candidates
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having been admitted to their PG Degree programme through Pre-
PG/National level/State level entrance examination and since
there was no mention of the agency that would be responsible for
conducting the entrance exam, the students who were granted
admissions to their P.G. Degree Programme through SHUATS were
also held to be fulfilling the mandatory requirement of condition
2.1 of the General Guidelines 2022 and subsequently, since there
was no distinction in the language used in the General Guidelines
of 2022 and 2023, the Coordinate Bench of this Court observed
that the petitioners in the CWP No. 14669/2023 decided vide
order dated 05.10.2023 (Annex.9), were similarly situated to the
students of SHUATS who were held to be eligible for appearing in
Ph.D. Entrance Examination in 2022, and thus, the Court in the
said writ petition held that the respondents cannot discriminate
between earlier students and the petitioners. Contrary to the facts
of the case at hand, this Court finds that the said writ petition
CWP No. 14669/2023 decided vide order dated 05.10.2023
(Annex.9), filed by the students came to be allowed only on the
ground that the language used in both the Guidelines of 2022 and
2023 was exactly same, wherein it was not clearly provided as to
which agency was supposed to conduct the JET/National
level/State Level Entrance Examinations and thus the petitioners
in the said writ petition who were said to have obtained PG degree
as per the Guidelines of Ph.D. Entrance Examination, 2023 without
appearing in JET/National level/State Level Entrance
Examinations, were held to be fully eligible for appearing in Ph. D.
Entrance Examination and the admissions of the petitioners
therein was restored. The relevant paras of the order passed by
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the Coordinate Bench of this Court in CWP No. 14669/2023 vide
order dated 05.10.2023 (Annex.9) is reproduced as under:
"11.This Court further observes that it is an admitted
positionthat the petitioners Post Graduation Degrees are
valid and the same have also been recognized by the
respondents.
12.This Court also observes that earlier in the year 2022, the
guidelines for Ph.D entrance examinations were same as that
of year 2023 and the respondents allowed admission of the
students who have obtained the Post Graduation Degree
from the SHUATS, and thus, now only on the basis of the
meeting dated 12.01.2023,the respondents cannot
discriminate between the earlier students and the present
petitioners (students).
13.This Court further observes that even in the impugned
order, the respondents have clearly stated about cancellation
of the admission of the petitioners, because they did not
fulfill the essential qualifications as mentioned at point
no.2.1 of the guidelines in question, but in the year 2022,
the respondents have given admission in the Course in
question to the similarly situated students of the SHUATS.
13.1.This Court also observes that while taking the
impugned decision, the respondents could not make a clear
distinction between the earlier guidelines and the guidelines
of 2023, and thus, fell into error in declaring the petitioners
ineligible, as per the point 2.1 of the General Guidelines Ph.D
Entrance Examination2023. The said point 2.1 of the General
Guidelines Ph.D Entrance Examination 2023 is reproduced as
hereunder:-
"EDUCATIONAL QUALIFICATION:
•Only those candidates who have their Master's degree in
respective faculty subject and fulfill the qualification as
prescribed as under are eligible to apply.
•The candidates who have passed the M.Sc. in the respective
subject from any State Agriculture Universities with 6.5
OGPA or equivalent. Incase degree awarded below 6.5 OGPA
by State Agriculture Universities, 5% relaxation will be
allowed to candidate belonging to SC/ST/OBC (Non creamy
layer)/MBC/SAP/EWS Category. The candidates taking
theadvantage of 5% relaxation will not be considered in UR
category.
•Candidates who have appeared at any of the aforesaid
qualifying examinations and whose results have not been
declared before the commencement of the entrance
examination shall provisionally be allowed to appear in the
examination. The result of the examination i.e.
Degree/Provisional degree and Transcript is essential at the
time of option filling and reporting in the college.
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•Candidates who have completed their PG Degree
programme through Pre-PG/National level/State level
entrance examination or the candidates completed their PG
degree programme from SAUs and their constituent colleges
of Rajasthan.
•The candidates must have completed four-year and two-
year PG degree programme for admission in Ph.D. (Home
Science) from any recognized university."However, a bare
perusal of the Guidelines of the year 2022 and the Guidelines
of the year 2023, makes it clear that the language used in
both the guidelines is exactly the same.
14.This Court further observes that the respondents cannot
discriminate between the similarly situated students in the
same examination, when the admissions were granted as per
the guidelines in vogue at the relevant time. This Court also
observes that the petitioners are meritorious students, were
duly allotted the College(s), and the necessary formalities
and procedures have also been completed by the petitioners,
including deposition of fee etc.; they have also duly complied
with the direction issued by the respondents to report for
completion of the course work; however, thereafter, the
respondents have taken the impugned actions, which are not
sustainable in the eye of law.
15.This Court further observes that the petitioners have valid
Post Graduation Degrees and they appeared in the
examination in question as per the guidelines for Ph.D
Entrance Examination, and are even fully eligible for the
same, as per the guidelines in question. Therefore, the
impugned communications/orders regarding the cancellation
of the admission of the petitioners are not justified in law.
16.The judgments cited at the Bar on behalf of the
respondents do not render any assistance to their case.
17.Thus, in light of the above observations and looking into
the factual matrix of the case, the present petitions are
allowed.
17.1. Accordingly, in S.B. Writ petition No. 14731/2023, the
impugned office order dated 16.09.2023 (Annexure-17) is
quashed and set aside; in S.B. Writ Petition No.
14855/2023,the impugned office order dated 20.09.2023
(Annexure-17) is quashed and set aside and; in S.B. Writ
Petition No. 14669/2023, the impugned office orders dated
18.09.2023(Annexure-17) are quashed and set aside; and
thus, the respondents are directed to immediately restore
the admissions of the petitioners in the Course(s) in
question. All pending applications stand disposed of."
22. So far as the present case is concerned, there is no iota of
doubt that for Ph. D. Entrance Examination, 2024, the General
Guidelines is not having the same language as was provided in the
[2024:RJ-JD:22779] (17 of 45) [CW-6197/2024]
Guidelines of 2022 and 2023. The relevant portion of the
Guidelines for the years 2022, 2023 and 2024 reads as under:
"Guidelines of 2022-
2.1 Candidates who have completed their PG Degree
programme through Pre-PG/National level/State level
entrance examination or the candidates completed their PG
degree programme from SAUs and their constituent
colleges of Rajasthan.
Guidelines of 2023-
2.1 Candidates who have completed their PG Degree
programme through Pre-PG/National level/State level
entrance examination or the candidates completed their PG
degree programme from SAUs and their constituent
colleges of Rajasthan."
Guidelines of 2024-
2.1 Candidates who have admitted in their PG Degree
programme from 2019 onwards through Pre-PG/National
level-CUET (ICAR)/State level entrance examination
(Conducted by government body only) are eligible for Pre-
Ph. D. Entrance Examinations-2024. If candidate having no
proof about entrance examination for admission in PG
degree programme after year 2019, then he/she may
submit proof/certificate from their Dean/
Registrar/Controller of Examination of his/her respective
college/University that he/she has admitted through Pre-
PG/National level-CUET(ICAR)/State level
examination (Condcuted by government body only).
However, the candidates who have admitted before
2019 in PG degree programme are exempted from
this condition. (As per guidelines and order Øekad% i-
3¼2½ f'k{kk&4@2017 dated 18-01-2018 and 05-03-2019
issued by the Education Group-IV Department GoR,
Jaipur)."
Contention of the respondents that earlier the respondents
on their own permitted the candidates to appear in Pre-Ph. D.
Entrance Test without appearing in Pre-PG Entrance Examination
was only for the reason that there was ambiguity in the Guidelines
of 2022 and 2023. Upon perusal of the Guidelines, it is reflected
that the earlier Guidelines of 2022 and 2023 were silent about the
agency that would be conducting Pre PG Entrance Examination at
National Level/State Level and the said ambiguity has been
removed by General Guidelines of Ph. D. Entrance Examination,
2024 (Annex.11) while clarifying that at national level CUET
(ICAR) shall be conducting the Entrance Examination and State
[2024:RJ-JD:22779] (18 of 45) [CW-6197/2024]
Level entrance examination shall be conducted by Government
Body only and therefore, the petitioners cannot claim similar
treatment as given to those candidates.
23. It is further seen from the Guidelines of 2024 that the
condition 2.1 of taking admission in PG Degree programme
through Pre-PG National Level/State level was made applicable
from 2019 onwards and the candidates who have taken admission
before 2019 in PG Degree programme, were given exemption from
the said condition. In the present case, undoubtedly the
petitioners have taken admission in PG programme after 2019 and
thus if the petitioners want to appear in Pre-Ph. D. Examination,
2024 in the State of Rajasthan, then they are required to fulfill the
eligibility criteria as prescribed under the Guidelines of 2024.
Moreover, the contention of the petitioner that Guidelines of the
respondent State dated 18.01.2018 (Annex.R/2/1), Public Notices
dated 19.03.2019 (Annex.R/2/2) and 15.07.2022 (Annex.R/2/3)
cannot be implemented in the case of the petitioners, who have
acquired PG degree from SHUATS, which is located in the State of
U.P., cannot be accepted as, if the petitioners want to appear in
Ph. D. Entrance Examination conducted by the respondent
Agriculture University, then they are bound to fulfill the eligibility
criteria as well as educational qualification laid down by the
Agriculture University, Jodhpur.
24. Further, the contention of the petitioners that the public
notice placed on record by respondents No.2 and 3 were not put
to notice to the petitioners at their University and, therefore,
petitioners cannot be deprived of appearing in Ph. D. Entrance
Examination, 2024 in absence of appearing in Pre PG
[2024:RJ-JD:22779] (19 of 45) [CW-6197/2024]
National/State Level Entrance Examination, is also devoid of merit,
inasmuch as the petitioners are seeking admission in Ph. D.
Degree programme in Agriculture and Allied Science in the State
Agriculture University of Rajasthan, therefore, the petitioners
could not be granted any exemption of not having appeared in
Pre-PG National Level/State Level Entrance Examination.
Moreover, the contention of the petitioners that the Public Notice
15.07.2022 was not put to the knowledge of the petitioners which
stipulated the mandatory requirement of having taken admission
to their PG Degree Programme through JET, since the petitioners
have completed their course from SHUATS, situated in Uttar
Pradesh is baseless for the reason that if any student wants to
take admission in the Ph.D. Programme in the Agriculture
University, Jodhpur then an obligation is cast upon the student to
fulfill all the elibility criteria as formulated by the Agriculture
University and thus, the mandatory condition 2.1 of the General
Guidelines issued by the Agriculture University, Jodhpur have to be
applied in a uniform manner and the petitioners cannot be
exempted from fulfilling the said requirement only on the ground
that they had completed their PG Degree Programme from
SHUATS, situated in Uttar Pradesh. The relevant paras of the
Public Notice dated 15.07.2022 (Annex.R/2/3) is reproduced as
under:
"पाठ्यक्रमों में प्रवेश विश्वविद्यालयों के अधिनियम की धारा 32 के
प्रावधानानुसार केवल मैरिट के आधार पर ही दिये जा सकते हैं परन्तु
व्यावसायिक एवं तकनीकी पाठ् यक्रमों में प्रदे श केवल प्रवेश परीक्षा के
माध्यम से ही दिये जा सकते हैं । जिन पाठ्यक्रमों के लिये राज्य या केन्द्र
की एजे न्सियां प्रवेश परीक्षा का आयोजन करती है , उनमें प्रवेश इन
एजे न्सियों से छात्र आवं टित करवाकर ही दिये जा सकते हैं । ऐसे
व्यावसायिक एवं तकनीकी पाठ्यक्रम, जिनमें राज्य या केन्द्र की कोई
एजे न्सी प्रवेश परीक्षा का आयोजन नही ं करती है , उनमें प्रवेश हेतु निजी
[2024:RJ-JD:22779] (20 of 45) [CW-6197/2024]
विश्वविद्यालयों के संघ द्वारा प्रदे श परीक्षा का आयोजन किया जा सकता है ।
प्रवेश परीक्षा के आयोजन हे तु सीटों की संख्या एवं फीस का उल्लेख करते
हुये प्रदे श के सभी प्रमुख समाचार पत्रों में विज्ञप्ति के माध्यम से आवे दन
आमं त्रित किये जायेंगे एवं परीक्षा परिणाम व प्रवेश हे तु पात्र पाये गये
विद्यार्थियों की संख्या एवं प्राप्तां क प्रतिशत का विवरण भी समाचार पत्रों /
नोटिस बोर्ड में दे ना होगा व राज्य सरकार को प्रे षित करना होगा।
xxxx
अतः सभी अभिभावकों / विद्यार्थियों एवं आम जन को उनके हित में यह
पब्लिक नोटिस जारी कर सू चित किया जाता है कि निजी विश्वविद्यालयों में
उपर्युक्त वर्णित तथ्यों / प्रावधानों के अन्तर्गत निजी विश्वविद्यालयों की
अधिकारिता, विनियमन, निकायों से मान्यता, विनियमन निकायों के नियमों,
परिनियमों, मापदण्डों की पालना की पु ष्टि के बाद ही निर्धारित प्रक्रिया
अनुसार निजी विश्वविद्यालयों के अधिनियमों के प्रावधानों का अध्ययन करने
के उपरान्त विश्वविद्यालय को स्वीकृत पाठ्यक्रमों में विहित प्रकिया एवं
उपरोक्त वर्णित स्पष्टीकरणों के अनुसार ही प्रवेश लेवें। "
25. It is also seen that the petitioners have not given a challenge
to the Guidelines dated 18.01.2018 (Annex.R/2/1) and
05.03.2019 (Annex.R/2/5) in light of which the educational
qualification mandating the candidate to take admission from
2019 onwards through Pre-PG/National-level CUET(ICAR)/State
level Entrance Examination (conducted by the State Government
only) has been prescribed and thus, it is not open for the
petitioners to lay a challenge to the General Guidelines of 2024 in
absence of giving challenge to the Guidelines dated 18.01.2018
(Annex.R/2/1) and the order dated 05.03.2019 (Annex.R/2/5).
26. Further, the policy decision taken by the respondent no. 2 by
way of laying down the Educational Qualifications in the General
Guidelines of 2024 require no interference by the Court as the said
Guidelines have been framed upon the directions of the State
Government which is empowered to regulate and legislate the
subjects relating to Agriculture Education and Research, Protection
against Pests and Prevention of Plant diseases as well as subjects
relating to legal, medical and other professions under Entry No. 14
of the State List and Entry 26 of the Concurrent List, respectively
[2024:RJ-JD:22779] (21 of 45) [CW-6197/2024]
of Seventh Schedule of the Constitution of India. The relevant
subjects under the Seventh Schedule is reproduced as under:
"SEVENTH SCHEDULE
List II--State List
14. Agriculture, including agricultural education and
research, protection against pests and prevention of
plant diseases.
xxxx
List III--Concurrent List
26. Legal, medical and other professions."
27. Furthermore, this Court also finds that merely because the
petitioners have not taken admission in PG Degree Programme
through JET, does not make the entire condition mentioned in
clause 2.1 of the General Guidelines of 2024 arbitrary and
discriminatory and thus, this Court is also not inclined to grant
indulgence on the ground that clause 2.1 of the General
Guidelines of 2024 is not violative of Article 14 of the Constitution
of India.
28. The petitioners cannot be allowed to draw parity with the
students who have been given admissions inadvertently to the
Pre-P.G. Entrance Examination 2023 without appearing for
JET/National level/State level Entrance Examination since the said
students had been given admissions only on the ground that the
language used in both the General Guidelines of 2022 and 2023
was exactly same wherein it was not clearly provided as to which
agency was supposed to conduct the JET/National level-CUET
(ICAR)/State Level Entrance Examinations (conducted by
government body only) and thus the candidates held to be fully
eligible for appearing in Ph. D. Entrance Examination, however, in
the instant case, clause 2.1 clearly mentions the agencies that are
responsible for conducting the JET/National level/ state level
[2024:RJ-JD:22779] (22 of 45) [CW-6197/2024]
examinations. Thus, the petitioners cannot be said to be similarly
situated to those students who had been given admissions in the
Pre-P.G. Entrance Examination 2023, without appearing for the
JET/National Level-CUET (ICAR)/State-level Entrance Examination
(conducted by government body only) and therefore, the said
clause 2.1 of the General Guidelines of 2024 neither discriminates
amongst equals not creates a class within class.
29. Therefore, the petitioners cannot be given any exemption for
the reason that they have acquired their PG Degree from SHUATS,
situated in Uttar Pradesh as the petitioners are seeking admissions
in the Agriculture University, Jodhpur and such University itself
has laid down the mandatory condition 2.1 under the General
Guidelines for Ph.D. Entrance Examination, 2024 which have to be
applied uniformly to all the students irrespective of whether they
have obtained their PG Degree from a University situated outside
the State of Rajasthan. Further, the petitioners did not fulfill the
mandatory educational qualification as mentioned in the General
Guidelines of 2024, of having been admitted to their PG Degree
Programme through JET/ National level-CUET (ICAR)/ State Level
Entrance Examination (conducted by government body only),
because the PG Entrance Examination conducted by the SHUATS is
not in consonance with the condition mentioned in the General
Guidelines of 2024 issued by the Agriculture University. Moreover,
the petitioners have miserably failed to establish that the said
Guidelines of 2024 are violative of Article 14 of the Constitution of
India and merely because the petitioners have failed to appear for
JET, the said Guidelines of 2024 cannot be said to be arbitrary or
violative of Article 14 of the Constitution of India.
[2024:RJ-JD:22779] (23 of 45) [CW-6197/2024]
30. In view of above discussion, this Court finds no force in the
writ petitions, the same is therefore, dismissed. Stay Petition and
other misc. application if any pending, shall stand dismissed.
[Civil Writ Petition No. 6197/2024]
1. Though the matter had been listed in the 'Fresh' category, at
the joint request of both the parties, the matter is heard finally
today itself.
2. This writ petition has been filed under Article 226 of the
Constitution of India, challenging the clause 2.1 of the General
Guidelines (Annex.5 and 6) issued by the respondents and for the
purpose of declaring the said clause of illegal. The petitioners have
also sought directions to declare them as entitled to participate in
the Pre-P.G. and Ph.D. Entrance Examination, i.e., Joint Entrance
Test ('JET'), 2024 and further directions to the respondents to
accept the application forms of the petitioners for the JET 2024.
Certain other ancillary relief(s) have also been sought by the
petitioners.
3. Briefly stated, the facts of the case are that the petitioners
nos. 1 to 15 are students of respondent No.3 University, who have
already appeared/passed in the Bachelors in Science (Agriculture)
(B.Sc.), desirous of pursuing Master of Science (Agriculture)
(M.Sc), while the petitioner Nos.16 and 17 are studying in the
Final Year of M.Sc. Agriculture course, desirous of pursuing Ph.D in
Agriculture and allied Sciences in State Agriculture Universities,
Rajasthan.
4. Respondent No. 2, vide Notification dated 09.03.2024
(Annex.1) provided for the tentative schedule for the Joint
Entrance Test ('JET') for the year 2024 for seeking admissions to
[2024:RJ-JD:22779] (24 of 45) [CW-6197/2024]
the P.G. and Ph.D. courses. In pursuance of the same, the
petitioners tried uploading their respective application forms as
well as other personal details on the official portal of the JET,
2024, however, their forms could not be uploaded since the name
of their University, respondent No. 3 was not appearing in the in
the column against the title 'College/University' for both, the
Masters Degree programme as well as the Ph.D. programme and
thus the petitioners submitted a representation dated 05.04.2024
(Annex.2) to the respondent No. 3 regarding the issues faced by
them.
5. In response to the said representation, the respondent No. 3
University informed the petitioners that the University had been
duly accredited to ICAR and also has the due approval from the
University Grants Commission ('UGC') dated 25.02.2021
(Annex.3) to the run the courses, and thus, there was no fault on
the part of the respondent No. 3 University. Also, it was informed
by the respondent No. 3 University that earlier students
participated in the JET, 2023.
6. The petitioners were also informed that under clause 2.1 of
the General Guidelines for Pre-PG Entrance Examination 2024
(Annex.6) and Ph.D. Examination 2024 (Annex.5), a mandatory
condition has been imposed whereby only those students who had
been admitted in their U.G. degree programme and their P.G.
degree programme or respectively from 2019 onwards through
JET/ National-level CUET (ICAR)/ State level entrance examination
(conducted by Government Body only) are eligible for their
respective Pre-PG and Ph.D. Entrance Examination, 2024.
[2024:RJ-JD:22779] (25 of 45) [CW-6197/2024]
7. Thus, aggrieved of the said clause 2.1 of the General
Guidelines (Annex.5 and 6), the petitioners have not been able to
fill their application forms for the Pre-P.G. and Ph.D Entrance
Examinations, 2024 respectively.
8. Learned counsel for the petitioners submitted that clause 2.1
of the Guidelines of 2024 for admission in Pre-PG and Ph.D.
courses is arbitrary and discriminatory since it provides that only
those candidates were permitted to take entrance examinations
who had been admitted in their respective U.G. and P.G.
programmes by way of Entrance Examinations i.e. Pre-P.G./
National Level CUET (ICAR)/ State Level Examination and that, no
such condition has been prescribed by the ICAR which is the
accredition authority.
9. Learned counsel for the petitioners further contended that
the respondents have adopted pick and chose method, inasmuch
the students were granted admissions to the P.G. programme
without appearing in JET in 2018, while the petitioners are being
arbitrarily denied from filing their applications for appearing in the
Ph.D. Entrance Examination.
10. Learned counsel for the petitioners also submitted that
previously, in pursuance of the General Guidelines of JET Pre-P.G.
Entrance Examination, 2023, those students who had completed
their Graduate course from the respondent no. 3 University,
without having passed the JET/National-level CUET (ICAR)/State
level Entrance Examination (conducted by government body only)
for their U.G. programme, have been considered for the Pre-P.G.
Entrance Examination 2023 and were able to secure admission in
the course of their choice. He further submitted that vide the
[2024:RJ-JD:22779] (26 of 45) [CW-6197/2024]
order passed by the Coordinate Bench of this Court in the SBCWP
No.14669/2023 : Anuradha & Ors. v. Sri Karan Narendra
Agriculture University & Ors. decided on 05.10.2023, the
admissions were granted to the students who did not appear in
the JET/National level-CUET/State level examination and thus, in
the light of the said order the respondents have acted in a
discriminatory manner while denying the petitioners to fill their
forms for P.G. and Ph.D. Entrance Examination, 2024 respectively
in the absence of fulfilling the mandatory educational qualification
of getting admissions in their PG degree programme through JET/
National level-CUET(ICAR)/ State level entrance examination only.
11. Learned counsel for the petitioners further submitted that on
one hand, by allowing some set of candidates to participate in the
Ph.D. Entrance Examination, 2023, without appearing in the
Entrance Examinations for their PG Degree Programmes, i.e. Pre-
P.G./ National Level CUET (ICAR)/ State Level Examination and on
the other, not permitting the petitioners to pursue their Masters
and Ph.D. programme by depriving them from participating in the
JET-2024 on the ground that they did not take admissions in their
U.G. and P.G. courses respectively by appearing in Entrance
Examinations i.e. Pre-P.G./ National Level CUET (ICAR)/ State
Level Examination, creates a class within class and thus, is
violative of Article 14 of the Constitution of India.
12. Learned counsel for the petitioners also submitted that while
the petitioners were applying for their U.G./P.G. programmes
respectively, no notice was given to the petitioners that in the
absence of them being granted their admissions to the U.G. and
P.G. programme, through JET, the petitioners would not be able to
[2024:RJ-JD:22779] (27 of 45) [CW-6197/2024]
apply for their P.G. and Ph.D. Entrance Examinations after their
respective courses and thus, at a later stage the respondent no.2
and the State Government cannot impose such a mandatory
condition by way of clause 2.1 of the General Guidelines of 2024,
jeopardizing the prospects of Higher Education for the petitioners.
13. Learned counsel for the petitioners also submitted that the
respondent University has been granted approval from UGC dated
25.02.2021 (Annex.3) for running B.Sc. Agriculture and the
respondent University is duly accredited from ICAR vide
Notification dated 26.07.2023 (Annex.4) which is the highest body
responsible to aid and improvise the standards of agriculture
education in the country so as to ensure availability of the
adequately educated and skilled human resource and thus, in
presence of due approvals and accreditions, respondent no. 2 or
the State Government had no authority to curtail the effect of
such accreditation by not permitting the students of Universities
having accreditation from ICAR.
14. Per contra, learned counsel for the respondent no. 2
submitted that the clause 2.1 of the General Guidelines is
completely valid and is in consonance with the directions issued by
the State Government as per the Guidelines dated 18.01.2018
(Annex.R/2/1) wherein it has been clearly prescribed that the
admission in the Agriculture courses shall only be permitted
through JET Examination and the Universities are supposed to
apply for the same with concerned agencies accordingly. He also
submitted that the same condition had been reiterated vide a
public notice dated 19.03.2019 (Annex.R/2/2) and subsequently,
another public notice dated 15.07.2022 (Annex.R/3) came to be
[2024:RJ-JD:22779] (28 of 45) [CW-6197/2024]
issued by the State Government whereby it was mentioned that in
Universities where professional and technical education is
imparted, the Universities were asked to admit students through
entrance exam only conducted by the State/Central Agencies and
this condition had been widely circulated with all the concerned
Universities for the proper compliance.
15. Learned counsel for the respondent no. 2 further submitted
that the Guidelines for JET 2024 have been formulated after
detailed discussion in the meeting convened on 06/14.03.2024 in
the presence of the officials of the State Government,
representatives of all the Agricultural Universities of the State
Government. He also submitted that the clause 2.1 of the General
Guidelines of 2024 is completely valid and also in consonance with
the Guidelines and Public Notices issued from time to time by the
State Government and without challenging the said Guidelines and
Public Notices, the petitioners cannot give a challenge to the
clause 2.1 of the General Guidelines of 2024. He further
submitted that State Government had issued a Guidelines dated
18.01.2018 (Annex.R/2/1), which had been reiterated a number
of times but the petitioners still undertook the courses/studies
contrary to the said Guidelines without participating in the JET
conducted by either State or Central Agencies and therefore, the
petitioners cannot be put at par with other incumbents who had
completed their courses after subjecting themselves to the
entrance examinations for their respective courses.
16. Learned counsel for the respondent State also submitted that
the State Government had acted in its competence under Entry 14
of the State List and Entry 26 of the Concurrent List of Seventh
[2024:RJ-JD:22779] (29 of 45) [CW-6197/2024]
Schedule of the Constitution of India by issuing the Guidelines
governing Agriculture Education since the said Entries empowers
the State Government to regulate and legislate the subjects
relating to Agriculture Education and Research, Protection against
Pests and Prevention of Plant diseases and subjects relating to
legal, medical and other professions respectively.
17. Learned counsel for the petitioners, thereafter, by way of
filing rejoinder, submitted that the respondent University no. 3 had
duly applied for admission through JET during the academic
sessions 2018-19, 2019-20, 2020-21 to 2022-23 and vide letter
dated 03.04.2024 (Annex.9), the respondent no.3 University again
applied for the admission and it was fault and inaction of the
respondents, that the respondent no. 3 could not take steps for
admission through JET. He also submitted that the Guidelines
dated 18.01.2018 (Annex.R/2/1) issued by the State Government
is of no use since the same is against the procedure of ICAR,
which is the apex regulatory body in regard to the agriculture
subjects that, the Guidelines and Public Notices issued by the
State Government are contrary and beyond the jurisdiction and
mandate of the ICAR which also conducts country level entrance
examinations for admissions to Masters Degree programme and
other degrees. He further submitted that the Information Bulletin
(Annex.8) issued by the ICAR for the year 2021 and 2023 for the
admission to the Masters Degree programme by way of All India
Entrance Examination stipulates no such mandatory condition
restraining the candidates who have not obtained degree by way
of entrance exam conducted by government bodies and thus, the
State Government by virtue of clause 2.1 of the General
[2024:RJ-JD:22779] (30 of 45) [CW-6197/2024]
Guidelines of 2024 cannot surpass the conditions prescribed by
the regulatory body, ICAR itself.
18. Learned counsel for the petitioners further submitted that
the authorities mentioned in the Guidelines dated 18.01.2018
(Annex.R/2/1) have failed to discharge their duties and the
Universities were left open to take admissions on the procedure
established by the Academic Council and the admissions were to
be taken on the basis of merit and subsequently, the petitioners
have been admitted after following this due procedure only and
were given admissions on their own merit. He thus submitted
that, after several years of study, the petitioners cannot be made
to suffer only on the insignificant ground that their admissions
were not through JET.
19. Thereafter, by way of filing reply to the rejoinder, learned
counsel for the respondent no. 2 submitted that the
communication dated 03.04.2024 (Annex.9) sent by respondent
Agriculture University, Jodhpur, clearly reveals that the said
communication had been made for the purpose of seeking
permission and allotment of seats for B.Sc. (Hons.) Agriculture
however, the petitioners have not placed on record any
communication to the effect that the respondent University had
ever requested for permission and allotment of seats through JET
for Pre-P.G. and Ph.D., and thus, the contention of the petitioners
that the petitioners were suffering due to inaction of the State
Government and despite multiple requests from the respondent
university cannot be accepted. He also submitted that it has been
clearly provided that as per the Rules and Guidelines of Ministry of
Agriculture, Government of Rajasthan, colleges and seats are
[2024:RJ-JD:22779] (31 of 45) [CW-6197/2024]
approved and allotted by the Government for admission through
JET only, thus, it leaves no ambiguity that in the absence of
petitioners being admitted to their respective U.G. and P.G.
courses, they cannot be allowed to participate in JET, 2024 for
pursuing P.G. and Ph.D in the stream of Agriculture respectively.
He also submitted that there was no reason of excluding the
respondent University in the JET exam on the ground that it is a
private University, since in the year 2023, as many as 23 private
Universities were included in the counseling process and also,
there were other 36 private affiliated colleges which also
participated in the counseling process for the allotment of the
students.
20. Learned counsel for respondent no. 2 submitted that the
contention of the petitioners that students have been admitted to
the P.G. programme in the year 2018 without appearing in JET
while the petitioners have been arbitrarily denied from filing the
application forms for P.G. and Ph.D. Entrance Examination
respectively on the same ground, is baseless since as only those
students who had completed their P.G. course in the year 2018,
i.e., prior to the Guidelines issued by the State on 18.01.2018
(Annex.R/2/1) have been given admission in the Ph.D.
programme.
21. The respondent no. 2 in the reply, while adverting to the
judgment dated 05.10.2023 passed by this Court in SBCWP
No.14669/2023 : Anuradha & Ors. v. Sri Karan Narendra
Agriculture University & Ors. and other connected writ petitions,
has alleged that the facts of aforesaid writ petition were entirely
different to that of present writ petition, inasmuch as the
[2024:RJ-JD:22779] (32 of 45) [CW-6197/2024]
guidelines issued for said entrance examination were not akin to
the present process and in the aforesaid case, this Court had
considered the judgment of Delhi High Court in the case of Abha
George & Ors. v. All India Institute of Medical Sciences (AIIMS) &
Anr. : (W.P.12263/2021 & CM Appl.38369/2021) decided on
02.02.2022, which was particularly relating to the fact that if at all
any ineligible candidates have been given admission on account of
fault on the part of college/University, then the incumbent cannot
be penalized on account of negligence of the University. In the
reply, it has been alleged that in the earlier process the students
were given admission and were allotted the colleges, then a
decision of cancellation of admission was held bad in the eyes of
law, but in the instant case, Clause 2.1 of the Guidelines is
altogether different and the petitioners are not yet even permitted
to submit their application forms which is a stage much prior to
the grant of admissions and, thus the judgment dated 05.10.2023
passed by this Court is of no avail to the petitioners.
22. Learned counsel for the respondent State, by way of filing an
additional affidavit, also submitted that directions have been
issued vide Guidelines dated 18.01.2018 (Annex.R/2/1) and
subsequently vide Circular dated 10.04.2019 (Annex.RA/2)
whereby the department of Agriculture informed all the
Universities running the agriculture courses that the application
for admission through JET Examination was to be submitted in
compliance of the Guidelines dated 18.01.2018, from 1st
November to 31st December for every year and the same would be
inspected before 15th March, however, the communication by the
respondent University was made much later in the month of April,
[2024:RJ-JD:22779] (33 of 45) [CW-6197/2024]
vide communication dated 03.04.2024 (Annex.9) for the JET
Examinations 2024 and therefore, the application of the
petitioners could not be considered after the cut-off date.
23. Heard learned counsel for the parties, perused material
available on record.
24. This Court finds that the contention of the petitioners that
while the students have been granted admissions to P.G.
programme in the year 2018 without appearing in the JET is not
sustainable because the said condition requiring the applicants to
have obtained admissions to the P.G. programme, only after
appearing in the JET, was stipulated vide the Guidelines dated
18.01.2018 (Annex.R/2/1) and thus, the students who have
completed their PG Degree Programme in 2018 were rightly
exempted from the condition of appearing in JET for appearing in
the Ph.D. Entrance Examinations since the Guidelines cannot be
given a retrospective effect. The relevant para of the Guidelines
dated 18.01.2018 (Annex.R/2/1) is reproduced as under:
"11- d`f"k ikB~;Øeksa es izos'k dsoy tSV ijh{kk ds ek/;e ls
gh fn;s tk ldsaxsA bl gsrq fo'ofo|ky;ksa dks lacaf/kr ,tsUlh dks
vkosnu djuk gksxkA"
25. It is also seen that the contention of the petitioners that the
candidates, who had been given admission by respondents
without appearing in Pre-P.G. Entrance Examination in the year
2023 and the petitioners, who are not allowed to participate in the
Ph.D. Entrance Examination, 2024 without appearing for Pre-P.G.
Entrance Examination through Pre-PG/National level-CUET (ICAR)/
State level entrance examination (Conducted by government body
only) have been discriminated even though the students who were
granted approval to appear in the Ph.D. Entrance Examination,
[2024:RJ-JD:22779] (34 of 45) [CW-6197/2024]
2023, are similarly situated to the petitioners, is having no force
for the reason that the Coordinate Bench of this Court in CWP No.
14669/2023 vide order dated 05.10.2023 had categorically
observed that in the year 2022, the Guidelines for Ph. D. Entrance
Examination were same as that of the year 2023 and the
respondents allowed admission of the students, who had been
admitted to the P.G. programme by appearing in the Entrance
Examination for P.G. Degree Programme conducted by their
respective universities, i.e. by Sam Higginbottom University of
Agriculture, Sciences and Technology ('SHUATS'), situated in
Prayagraj, Uttar Pradesh, in the said writ petition. The Coordinate
Bench of this Court observed that the respondents had given
admission to the students of SHUATS in the year 2022 as per the
condition no. 2.1 of the General Guidelines Ph.D. Entrance
Examination, 2022 whereby the requirement was relating to the
candidates having been admitted to their PG Degree programme
through Pre-PG/National level/State level entrance examination
and since there was no mention of the agency that would be
responsible for conducting the entrance exam, the students who
were granted admissions to their P.G. Degree Programme through
SHUATS were also held to be fulfilling the mandatory requirement
of condition 2.1 of the General Guidelines 2022 and subsequently,
since there was no distinction in the language used in the General
Guidelines of 2022 and 2023, the Coordinate Bench of this Court
observed that the petitioners in the CWP No. 14669/2023 decided
vide order dated 05.10.2023 (Annex.9), were similarly situated to
the students of SHUATS who were held to be eligible for appearing
[2024:RJ-JD:22779] (35 of 45) [CW-6197/2024]
in Ph.D. Entrance Examination in 2022, and thus, the Court in the
said writ petition held that the respondents cannot discriminate
between earlier students and the petitioners. Contrary to the facts
of the case at hand, this Court finds that firstly the said writ
petition CWP No. 14669/2023 decided vide order dated
05.10.2023 (Annex.9), has been filed by the students of SHUATS,
which is a university situated in the State of Uttar Pradesh and
secondly, the said writ petition came to be allowed only on the
ground that the language used in both the Guidelines of 2022 and
2023 was exactly same, wherein it was not clearly provided as to
which agency was supposed to conduct the JET/National
level/State Level Entrance Examinations and thus the petitioners
in the said writ petition who were said to have obtained PG degree
as per the Guidelines of Ph.D. Entrance Examination, 2023 without
appearing in JET/National level/State Level Entrance
Examinations, were held to be fully eligible for appearing in Ph. D.
Entrance Examination and the admissions of the petitioners
therein was restored. The relevant paras of the order passed by
the Coordinate Bench of this Court in CWP No. 14669/2023 vide
order dated 05.10.2023 (Annex.9) is reproduced as under:
"11.This Court further observes that it is an admitted
positionthat the petitioners Post Graduation Degrees are
valid and the same have also been recognized by the
respondents.
12.This Court also observes that earlier in the year 2022, the
guidelines for Ph.D entrance examinations were same as that
of year 2023 and the respondents allowed admission of the
students who have obtained the Post Graduation Degree
from the SHUATS, and thus, now only on the basis of the
meeting dated 12.01.2023,the respondents cannot
discriminate between the earlier students and the present
petitioners (students).
[2024:RJ-JD:22779] (36 of 45) [CW-6197/2024]
13.This Court further observes that even in the impugned
order, the respondents have clearly stated about cancellation
of the admission of the petitioners, because they did not
fulfill the essential qualifications as mentioned at point
no.2.1 of the guidelines in question, but in the year 2022,
the respondents have given admission in the Course in
question to the similarly situated students of the SHUATS.
13.1.This Court also observes that while taking the
impugned decision, the respondents could not make a clear
distinction between the earlier guidelines and the guidelines
of 2023, and thus, fell into error in declaring the petitioners
ineligible, as per the point 2.1 of the General Guidelines Ph.D
Entrance Examination2023. The said point 2.1 of the General
Guidelines Ph.D Entrance Examination 2023 is reproduced as
hereunder:-
"EDUCATIONAL QUALIFICATION:
•Only those candidates who have their Master's degree in
respective faculty subject and fulfill the qualification as
prescribed as under are eligible to apply.
•The candidates who have passed the M.Sc. in the respective
subject from any State Agriculture Universities with 6.5
OGPA or equivalent. Incase degree awarded below 6.5 OGPA
by State Agriculture Universities, 5% relaxation will be
allowed to candidate belonging to SC/ST/OBC (Non creamy
layer)/MBC/SAP/EWS Category. The candidates taking
theadvantage of 5% relaxation will not be considered in UR
category.
•Candidates who have appeared at any of the aforesaid
qualifying examinations and whose results have not been
declared before the commencement of the entrance
examination shall provisionally be allowed to appear in the
examination. The result of the examination i.e.
Degree/Provisional degree and Transcript is essential at the
time of option filling and reporting in the college.
•Candidates who have completed their PG Degree
programme through Pre-PG/National level/State level
entrance examination or the candidates completed their PG
degree programme from SAUs and their constituent colleges
of Rajasthan.
•The candidates must have completed four-year and two-
year PG degree programme for admission in Ph.D. (Home
Science) from any recognized university."However, a bare
perusal of the Guidelines of the year 2022 and the Guidelines
of the year 2023, makes it clear that the language used in
both the guidelines is exactly the same.
14.This Court further observes that the respondents cannot
discriminate between the similarly situated students in the
same examination, when the admissions were granted as per
the guidelines in vogue at the relevant time. This Court also
observes that the petitioners are meritorious students, were
duly allotted the College(s), and the necessary formalities
[2024:RJ-JD:22779] (37 of 45) [CW-6197/2024]
and procedures have also been completed by the petitioners,
including deposition of fee etc.; they have also duly complied
with the direction issued by the respondents to report for
completion of the course work; however, thereafter, the
respondents have taken the impugned actions, which are not
sustainable in the eye of law.
15.This Court further observes that the petitioners have valid
Post Graduation Degrees and they appeared in the
examination in question as per the guidelines for Ph.D
Entrance Examination, and are even fully eligible for the
same, as per the guidelines in question. Therefore, the
impugned communications/orders regarding the cancellation
of the admission of the petitioners are not justified in law.
16.The judgments cited at the Bar on behalf of the
respondents do not render any assistance to their case.
17.Thus, in light of the above observations and looking into
the factual matrix of the case, the present petitions are
allowed.
17.1. Accordingly, in S.B. Writ petition No. 14731/2023, the
impugned office order dated 16.09.2023 (Annexure-17) is
quashed and set aside; in S.B. Writ Petition No.
14855/2023,the impugned office order dated 20.09.2023
(Annexure-17) is quashed and set aside and; in S.B. Writ
Petition No. 14669/2023, the impugned office orders dated
18.09.2023(Annexure-17) are quashed and set aside; and
thus, the respondents are directed to immediately restore
the admissions of the petitioners in the Course(s) in
question. All pending applications stand disposed of."
26. So far as the present case is concerned, there is no iota
of doubt that for Ph. D. Entrance Examination, 2024, the
General Guidelines is not having the same language as was
provided in the Guidelines of 2022 and 2023. The relevant
portion of the Guidelines for the years 2022, 2023 and 2024
reads as under:
"Guidelines of 2022-
2.1 Candidates who have completed their PG Degree
programme through Pre-PG/National level/State level
entrance examination or the candidates completed their PG
degree programme from SAUs and their constituent
colleges of Rajasthan.
Guidelines of 2023-
2.1 Candidates who have completed their PG Degree
programme through Pre-PG/National level/State level
entrance examination or the candidates completed their PG
degree programme from SAUs and their constituent
colleges of Rajasthan."
Guidelines of 2024-
[2024:RJ-JD:22779] (38 of 45) [CW-6197/2024]
2.1 Candidates who have admitted in their PG Degree
programme from 2019 onwards through Pre-PG/National
level-CUET (ICAR)/State level entrance examination
(Conducted by government body only) are eligible for Pre-
Ph. D. Entrance Examinations-2024. If candidate having no
proof about entrance examination for admission in PG
degree programme after year 2019, then he/she may
submit proof/certificate from their Dean/
Registrar/Controller of Examination of his/her respective
college/University that he/she has admitted through Pre-
PG/National level-CUET(ICAR)/State level
examination (Condcuted by government body only).
However, the candidates who have admitted before
2019 in PG degree programme are exempted from
this condition. (As per guidelines and order Øekad% i-
3¼2½ f'k{kk&4@2017 dated 18-01-2018 and 05-03-2019
issued by the Education Group-IV Department GoR,
Jaipur)."
Thus, the petitioners cannot be allowed to draw parity with the
students who have been given admissions inadvertently to the
Pre-P.G. Entrance Examination 2023 without appearing for
JET/National level-CUET (ICAR)/State level Entrance Examination
(conducted by government body only) since the said students had
been given admissions only on the ground that the language used
in both the General Guidelines of 2022 and 2023 was exactly
same wherein it was not clearly provided as to which agency was
supposed to conduct the JET/National level/State Level Entrance
Examinations and thus the candidates were said to have obtained
PG degree and were held to be fully eligible for appearing in Ph. D.
Entrance Examination, however, in the instant case, clause 2.1
clearly mentions the agencies that at the National level, CUET
shall be conducted by ICAR and the State level entrance
examination shall be conducted by government body only. Thus,
the petitioners cannot claim similar treatment as given to those
candidates in the SBCWP No. 14669/2023 decided vide order
dated 05.10.2023.
[2024:RJ-JD:22779] (39 of 45) [CW-6197/2024]
27. The petitioners submission that the action of the respondents
in laying down the educational qualification of having admission in
UG/PG programme from 2019 onwards through Pre-PG/National-
level CUET(ICAR)/State level Entrance Examination (conducted by
the State Government only) in the Guidelines of 2024 is violative
of Article 14 as the similarly situated candidates are being given a
different treatment, is having no force as equality before law
means that amongst equals, the law should be equal and should
be equally administered and the like should be treated alike,
however in the present case, the petitioners cannot be said to be
similarly situated to those candidates who have taken admission in
their UG/PG programme from 2019 onwards through JET and
therefore, it cannot be said that the respondents are
discriminating between candidates who are substantially in similar
circumstances.
28. Furthermore, this Court also observed that merely because
the petitioners have not taken admissions in their respective U.G.
and P.G. programmes through, does not make the entire condition
mentioned in clause 2.1 of the General Guidelines of 2024
arbitrary and discriminatory and thus, this Court is also not
inclined to grant indulgence on the ground that clause 2.1 of the
General Guidelines of 2024 is violative of Article 14 of the
Constitution of India.
29. Further, the policy decision taken by the respondent no. 2 by
way of laying down the Educational Qualifications in the General
Guidelines of 2024 require no interference by the Court as the said
Guidelines have been framed upon the directions of the State
[2024:RJ-JD:22779] (40 of 45) [CW-6197/2024]
Government which is empowered to regulate and legislate the
subjects relating to Agriculture Education and Research, Protection
against Pests and Prevention of Plant diseases as well as subjects
relating to legal, medical and other professions under Entry No. 14
of the State List and Entry 26 of the Concurrent List, respectively
of Seventh Schedule of the Constitution of India. The relevant
subjects under the Seventh Schedule is reproduced as under:
"SEVENTH SCHEDULE
List II--State List
14. Agriculture, including agricultural education and
research, protection against pests and prevention of
plant diseases.
xxxx
List III--Concurrent List
26. Legal, medical and other professions."
30. This Court finds that the educational qualification for seeking
admission in Pre-PG and PhD courses have been laid down in the
General Guidelines of 2024 (Annex.5 and 6) in accordance with
the Guidelines dated 18.01.2018 (Annex.R/2/1) issued by Joint
Secretary, Higher Education, Government of Rajasthan, Jaipur,
which stipulates a mandatory condition that only those candidates
who have been admitted in their respective U.G. and P.G.
programmes through JET/National level-CUET (ICAR)/State Level
Entrance examination (conducted by government body only), only
those candidates are allowed to apply for the Pre-P.G. and Ph.D.
Entrance Examinations for the year 2024. Also, as per the order
dated 05.03.2019 (Annex.R/1), admissions in Agricultural courses
could only be given through JET for which the concerned
Universities have to apply to the agency which has to conduct the
said examination and it has also been seen from the order dated
[2024:RJ-JD:22779] (41 of 45) [CW-6197/2024]
05.03.2019 (Annex.R/1) placed on record by the respondent
state, that the mandatory condition is reiterated which prescribes
that the admission in the Agricultural courses has to be given
through JET. It is also observed that the relaxation in terms of
appearing for the Pre-P.G. Entrance Examination for the year 2023
was given only to the students who had taken admission in B.Sc
(Agriculture) Hons. in the academic session 2018-19, and in the
said order dated 05.03.2019 (Annex.R/1), it was specifically
mentioned that for further admissions from academic session
2019-20 onwards for B.Sc. (Agriculture) Hons. course, the
guidelines dated 18.01.2018 (Annex.R/2/1) have to be followed
in its letter and spirit, which the petitioners did not take into
consideration in the present case. The relevant para of the
Guidelines dated 18.01.2018 (Annex.R/2/1) is reproduced as
under:
"11- d`f"k ikB~;Øeksa es izos'k dsoy tSV ijh{kk ds ek/;e ls gh fn;s
tk ldsaxsA bl gsrq fo'ofo|ky;ksa dks lacaf/kr ,tsUlh dks vkosnu
djuk gksxkA"
The relevant para of the order dated 05.03.2019 (Annex.R/1)
reads as follows;
"3- ;g NwV dsoy o"kZ 2018&19 ds 'kS{kf.kd l= esa ch- ,l- lh
d`f"k ¼vkWulZ½ ikB~;Øe esa gsrq gh gksxhA
4- vkxkeh 'kS{kf.kd l= 2019&20 esa ch- ,l- lh d`f"k ¼vkWulZ½
ikB~;Øe esa izos'k foHkkxh; fn'kk&funsZ'k fnukad 18-01-2018 ds
vuqlkj gh fd;k tk;sxkA"
31. Admittedly, the petitioners have taken admission in the year
2019 and 2020 and the said Guidelines dated 18.01.2018
(Annex.R/2/1) were issued much prior to the date on which the
petitioners have taken admission and therefore, the petitioners
[2024:RJ-JD:22779] (42 of 45) [CW-6197/2024]
cannot be granted exemption of appearing in the PhD entrance
exam/Pre-PG Entrance Exam even if the admissions have not been
taken by them through JET.
32. Further, the contention of the petitioners that despite the
fact that the University has been making repeated
communications, the respondents have not conducted the said
exam for which the petitioners cannot be made to suffer, is also
devoid of merit for the reason that the petitioners cannot be given
an advantage of exemption from the educational qualification laid
down in the Guidelines of Pre-PG and PhD Entrance Exam of
having taken admission in the U.G. /P.G. programme through JET
only because no such exam was conducted by the respondent.
The petitioners could have appeared in the Pre-PG and UG
Entrance Exam conducted by ICAR at National level or conducted
by a government body at state level, but the petitioner has failed
to do so and upon such inaction on the part of the petitioners, no
benefit can be claimed by them.
33. It is also seen that the communication dated 03.04.2024
(Annex.9) placed on record by the petitioners by way of filing
rejoinder through which the respondent University has sought
allotment has been made much later to the cut-off date for
submitting the applications for JET Exam, 2024, which has been
specifically mentioned in the Circular dated 10.04.2019 (Annex.R
A/2 of CWP No.6472/2024), i.e., from 1st November to 31st
December for all the academic sessions from 2020-21 onwards
and thus the respondent University has applied much later than
the Circular dated 10.04.2019 (Annex.RA/2) and therefore the
respondents were not required to consider such application. The
[2024:RJ-JD:22779] (43 of 45) [CW-6197/2024]
relevant paras of the Circular dated 10.04.2019 (Annex.RA/2) are
reproduced as under:
"jkT; esa futh fo'ofo|ky;@MhEM ;wfuoflZVh }kjk d`f"k ikB~; Øeksa
dk lapkyu fd;k tk jgk gSA bu laLFkkvksa esa jkT; Lrjh; la;qDr
ijh{kk ds ek/;e ls v/;;u gsrq Nk=ksa dk vkoaVu fd;s tkus dh
O;oLFkk mPp f'k{kk foHkkx ds i= fnukad 18-1-2018 ds }kjk dh
x;h gSA vr% d`f"k ikB~;Øe lapkyu gsrq la;qDr izos'k ijh{kk ds
ek/;e ls Nk= vkoaVu ds laca/k esa 'kS{kf.kd l= 2020&21 ls
fuEukuqlkj dyS.Mj r; fd;k tkrk gSA
vkosnu i= izLrqr izkIr vkosnu i=ksa dh ik=rk tSV ds ek/;e ls
djus dh frFkh dh tkap Nk= vkoaVu djus
dh izfØ;k
1 uoEcj ls 31 15 ekpZ rd tSV dh dkmflafyx
fnlEcj rd izkjEHk gksus ls iwoZ
;g desVh futh fo'ofo|ky;ksa dh d`f"k ikB~; Øe ds
v/;kiu gsrq vkbZlh,vkj ds }kjk fu/kkZfjr ekin.M ,oa mPp f'k{kk
foHkkx ds fn'kk funsZ'k fnukad 18-1-2018 ds fcUnqvksa ds vuqlkj
foLr`r HkkSfrd tkap 15 ekpZ rd iw.kZ dj psd fyLV ds vuqlkj
tkap fjiksVZ nLrkost ,oa vuq'ka"kk lfgr jkT; ljdkj dks izLrqr
djsxhA"
34. Moreover, in the absence of giving a challenge to the
previous Guidelines dated 18.01.2018 (Annex.R/2/1) issued by
Joint Secretary, Higher Education, Government of Rajasthan,
Jaipur, in compliance of which the said General Guidelines for
Admission to Master's Degree programme and Doctorate Degree
programme in Agriculture and Allied Sciences in the State
Agriculture Universities of Rajasthan, 2024 have been formulated,
the petitioners cannot lay a challenge to clause 2.1 of the General
Guidelines for Pre-P.G. and Ph.D. Entrance Examinations, 2024.
35. Further, the contention of the petitioners that the public
notice placed on record by respondents No.2 and 3 were not put
to notice to the petitioners at their University and, therefore,
petitioners cannot be deprived of appearing in the P.G. and Ph. D.
Entrance Examination, 2024 respecticely in absence of appearing
in Pre- UG/PG National/State Level Entrance Examination, is also
devoid of merit, inasmuch as the petitioners are seeking
[2024:RJ-JD:22779] (44 of 45) [CW-6197/2024]
admission in P.G. and Ph. D. Degree programme respectively in
Agriculture and Allied Science in the State Agriculture University of
Rajasthan, therefore, the petitioners could not be granted any
exemption of not having appeared in Pre-PG National Level/State
Level Entrance Examination. This Court also finds that if any
student wants to take admission in the P.G. and Ph.D. Programme
respectively in the Agriculture University, Jodhpur then an
obligation is cast upon the student to fulfill all the elibility criteria
as formulated by the Agriculture University and thus, the
mandatory condition 2.1 of the General Guidelines issued by the
Agriculture University, Jodhpur have to be applied in a uniform
manner and the petitioners cannot be exempted from fulfilling the
said requirement. The relevant para of the Public Notice dated
15.07.2022 (Annex.R/3) is reproduced as under:
"पाठ्यक्रमों में प्रवेश विश्वविद्यालयों के अधिनियम की धारा 32 के
प्रावधानानुसार केवल मैरिट के आधार पर ही दिये जा सकते हैं परन्तु
व्यावसायिक एवं तकनीकी पाठ् यक्रमों में प्रदे श केवल प्रवेश परीक्षा के
माध्यम से ही दिये जा सकते हैं । जिन पाठ्यक्रमों के लिये राज्य या केन्द्र
की एजे न्सियां प्रवेश परीक्षा का आयोजन करती है , उनमें प्रवेश इन
एजे न्सियों से छात्र आवं टित करवाकर ही दिये जा सकते हैं । ऐसे
व्यावसायिक एवं तकनीकी पाठ्यक्रम, जिनमें राज्य या केन्द्र की कोई
एजे न्सी प्रवेश परीक्षा का आयोजन नही ं करती है , उनमें प्रवेश हेतु निजी
विश्वविद्यालयों के संघ द्वारा प्रदे श परीक्षा का आयोजन किया जा सकता है ।
प्रवेश परीक्षा के आयोजन हे तु सीटों की संख्या एवं फीस का उल्लेख करते
हुये प्रदे श के सभी प्रमुख समाचार पत्रों में विज्ञप्ति के माध्यम से आवे दन
आमं त्रित किये जायेंगे एवं परीक्षा परिणाम व प्रवेश हे तु पात्र पाये गये
विद्यार्थियों की संख्या एवं प्राप्तां क प्रतिशत का विवरण भी समाचार पत्रों /
नोटिस बोर्ड में दे ना होगा व राज्य सरकार को प्रे षित करना होगा।
xxxx
अतः सभी अभिभावकों / विद्यार्थियों एवं आम जन को उनके हित में यह
पब्लिक नोटिस जारी कर सू चित किया जाता है कि निजी विश्वविद्यालयों में
उपर्युक्त वर्णित तथ्यों / प्रावधानों के अन्तर्गत निजी विश्वविद्यालयों की
अधिकारिता, विनियमन, निकायों से मान्यता, विनियमन निकायों के
नियमों, परिनियमों, मापदण्डों की पालना की पु ष्टि के बाद ही निर्धारित
प्रक्रिया अनुसार निजी विश्वविद्यालयों के अधिनियमों के प्रावधानों का
अध्ययन करने के उपरान्त विश्वविद्यालय को स्वीकृत पाठ्यक्रमों में विहित
प्रकिया एवं उपरोक्त वर्णित स्पष्टीकरणों के अनुसार ही प्रवेश लेवें। "
[2024:RJ-JD:22779] (45 of 45) [CW-6197/2024]
36. Therefore, the petitioners cannot be given any exemption
from the mandatory condition which requires them to have taken
admissions in their respective UG and PG Degree Programmes
through JET as the petitioners are seeking admissions in the
Agriculture University, Jodhpur and such University itself has laid
down the mandatory condition 2.1 under the General Guidelines
for Ph.D. Entrance Examination, 2024 which have to be applied
uniformly to all the students. Moreover, the petitioners have
miserably failed to establish that the said Guidelines of 2024 are
violative of Article 14 of the Constitution of India and merely
because the petitioners have failed to appear for JET, the said
Guidelines of 2024 cannot be said to be arbitrary or violative of
Article 14 of the Constitution of India.
37. Thus, no interference is called for by this Court and in the
result, the writ petition is dismissed. Stay Petition and other misc.
application, if any pending, shall also stand disposed of.
(DR. NUPUR BHATI),J
Reserve-DJ/-
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