Rajasthan High Court - Jodhpur
Gurukul College Of Veterinary Science vs State Of Rajasthan (2024:Rj-Jd:41328) on 9 October, 2024
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2024:RJ-JD:41328]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15211/2024
Gurukul College Of Veterinary Science, Kaomagar Tejso-
Indranath, District Bundi (Under The Management Of Amar
Shiksha Samiti, Churali, Tehsil Hindaun) Through Its Secretary
Moharpal Singh S/o Sevaram Jat, Aged About 35 Years, Resident
Of Amra Shiksha Samiti, Village, Kajnipur, Post Patoda, Tehsil
Hindaun, District Karauli.
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Animal
Husbandry Department, Jaipur.
2. Deputy Secretary To The Government, Department Of
Animal Husbandry, Secretariat, Jaipur.
3. Rajasthan University Of Veterinary And Animal Sciences,
Bikaner Through Its Registrar.
----Respondents
For Petitioner(s) : Mr. M.A. Siddiqui
Mr. Naved Khan Sindhi
For Respondent(s) : Mr. I.R. Choudhary, AAG assisted by
Mr. Vinay Baghmar, A.G.C. .
Mr. Muktesh Maheshwari with
Mr. Yuvraj Singh
JUSTICE DINESH MEHTA
Order
09/10/2024
1. Learned counsel for the parties jointly submitted that the
issue involved in the present writ petition is squarely covered by
the judgment dated 06.09.2024, passed by this Court in a bunch
of writ petitions led by S.B. Civil Writ Petition No.8604/2024 :
Prof. S. Karan Institute Of Veterinary Vs. State of
Rajasthan. The relevant part of the judgment is reproduced
hereunder:-
[2024:RJ-JD:41328] (2 of 4) [CW-15211/2024]
"20. Considering the overall facts and
circumstances of the case and what has been
noticed above, all these petitions are disposed
of with a direction to the petitioner -
Institutions to send a list of students admitted
in the subject course for the academic session
2023-24 with their up-to-date attendance (as
on 05.09.2024) with documentary proofs to
the respondent - University within a period of
7 days from today.
21. The respondent - University will satisfy
itself about the attendance of each of the
students so that in case the State decides to
regularize the admissions granted to the
students, those petitioners/students who have
completed 75% attendance be enrolled and
allowed to appear in the ensuing examination.
22. The Institutions may file a representation
before the State Government giving list of the
students who have been given admission after
the second round of counselling with a request
to regularise the admissions so granted.
23. Having regard to the fact that a large
number of students have been given admission
and it has been a practice adopted by the
State for last so many years (even after
coming into force of Policy of 2022), as a one
time measure, the State may take a decision
on their representation for regularizing the
admissions having regard to the future of the
students and the amount they have spent on
the fee, etc. so also that a period of about a
year they have spent in taking up the course.
Such direction is deemed imperative, rather
expedient in view of the fact that in a writ
petition (S.B. Civil Writ Petition No.800/2024 :
[2024:RJ-JD:41328] (3 of 4) [CW-15211/2024]
Amandeep Gujjar Vs. State of Rajasthan), a
co-ordinate Bench of this Court by way of
interim order dated 17.05.2024 has issued
interim order to provisionally enroll many
students so as to enable them to appear in the
examination which were held on 20.05.2024.
24. In case, a representation is filed by the
petitioners or their association as aforesaid
before the State Government within a period of
5 days, appropriate decision shall be taken by
the State Government within a period of 7
days of the receipt of the representation.
25. In case, the State decides to regularize
the admission so granted by the petitioner -
Institutions, the State shall be free to impose
an exemplary cost, apart from what is provided
in the provision contained in the policy, so that
it works as a deterrent if they chose to give
such unauthorised admissions.
26. And if the State decides to reject
representation(s) filed by the petitioner-
Institutions and holds that the admissions in
question are null, then it shall simultaneously
direct all the colleges to refund the entire
amount (tuition fee, admission fee or any other
charges) charged from each of the students. If
the amount so directed is not refunded within
a period of two months, the concerned colleges
shall not be allowed to take part in the
counselling for future academic sessions.
27. All the writ petitions so also stay
applications stand disposed of accordingly.
28. The order instant shall not be a precedent
and it shall apply to the academic session
2023-2024 only.
[2024:RJ-JD:41328] (4 of 4) [CW-15211/2024]
29. It will be required of the State and the
respondent - University to ensure that
henceforth no student is given admission by
any of Institutions at its own, without the
permission of the State Government, after the
second round of counselling is over - they may
take an undertaking to this effect from all the
participating colleges."
2. The present writ petition stands disposed of in terms of
observation and direction given in the case of Prof. S. Karan
Institute Of Veterinary (supra).
3. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
449-akansha/-
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