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2004 DIGILAW 577 (PAT)

Neelam Kumari Singh v. Vice Chancellor, Rajendra Respondents Agricultural University, Pusa

2004-06-08

R.N.PRASAD

body2004
Judgment 1. The petitioner passed B.Sc. (Agriculture) Examination in the year, 2002. She appeared in Competitive Entrance Test for admission in the Post Graduate Department, M.Sc. (Agriculture), conducted by the Rajendra Agricultural University. She was selected for admission in the Genetics Department and admitted in the said department in the year 2002. In the said department there were four seats, three of them for the candidates, who are resident of Bihar and one for the candidate who is selected by Indian Council for Agricultural Research (I.C.A.R.).The petitioner is a resident of Bihar. She was admitted on the basis of competitive Entrance Test. Regulation 57 of Chapter VIII of Rajendra Agricultural University, Bihar deals with fellow ship. Sub-Clause (3) of Regulation 57 says that 75% of the students based on in-take capacity in each discipline in order of merit shall be entitled for the fellowship. The petitioner was entitled to get fellowship as she comes within 75% of the students based on in-take capacity. Previously also the fellowship was granted on the basis of 75% of in-take capacity. Inspite of clear position in law the petitioner was not allowed fellowship and as such she filed an application before the Vice Chancellor of Rajendra Agricultural University for grant of fellowship stating therein that previously on the basis of 75% in-take capacity the students were granted fellowship. In the year 2001 in similar situation Miss. Suman Kalyani was granted fellowship, annexure 4. The Vice Chancellor referred the matter to the-Director, Resident instruction-cumDean Post Graduate Department for his comment and suggestion. The Director, Resident Instruction sought comment from the Chairman, Department of Genetics, Rajendra Agricultural University, Pusa. The Chairman of the Department of Genetics submitted his report dated 1.2.2003 stating therein that in the Genetics Department there are four seats; one seat is nonfellowship earmarked for Indian Council of Agricultural Research. in the year 2001-2002 also three students were awarded fellowship in this department. One fellowship seat remained vacant during the Sessions 2002-2003 which may be awarded to Miss Neelam Kumari Singh, annexure 2. The Director, Resident Instruction also sought comment from the Registrar. The Registrar on 6.4.2003 stating details on the subject recommended for grant of fellowship to the petitioner, annexure 3. The recommendation was sent by the Director, Resident Instruction to the Vice Chancellor and the Vice Chancellor approved the recommendation on 14.4.2003 which is evident from annexure 3 itself. The Director, Resident Instruction also sought comment from the Registrar. The Registrar on 6.4.2003 stating details on the subject recommended for grant of fellowship to the petitioner, annexure 3. The recommendation was sent by the Director, Resident Instruction to the Vice Chancellor and the Vice Chancellor approved the recommendation on 14.4.2003 which is evident from annexure 3 itself. Inspite of recommendation and approval by the Vice Chancellor, the petitioner was not granted fellowship and as such she filed the writ petition on 14.7.2003 for issue of direction to the respondents to grant fellowship to her. 2. On 6.8.2003 two weeks time was granted to the counsel for the University to file counter affidavit. Counter affidavit and supplementary counter affidavits have been filed on behalf of the University. In the counter affidavit it has been stated that for admission in Post Graduate in Rajendra Agricultural University prospectus was published. In the year 2002-2003 only three seats were advertised in the Department of Genetics in M.Sc. (Agriculture), Annexure A. One seat in the Department of Genetics was created from the beginning as nonfellowship seat on which student is admitted through Indian Council of Agricultural Research. The said seat cannot be counted for the purpose of grant of fellowship on the basis of in-take capacity. The relevant regulation 57(3) provides that 75% of the students based on in-take capacity in each discipline in order of merit shall be entitled to the fellowship. On the basis of advertisement only two students are entitled to get fellowship on the basis of 75% in-take capacity. Three candidates were admitted on the basis of competitive entrance test out of which only two candidates are entitled for fellowship. The petitioner was the last candidate in the merit list and as such she is not entitled to get fellowship. The Vice Chancellor is the competent authority to grant fellowship. The Vice Chancellor approved the recommendation for granting fellowship to the petitioner on 14.4.2003 but when full facts were brought to the notice of the Vice Chancellor, he on 12.8.2003 withdrew the order dated 14.4.2003 granting approval for grant of fellowship to the petitioner. 3. The Vice Chancellor is the competent authority to grant fellowship. The Vice Chancellor approved the recommendation for granting fellowship to the petitioner on 14.4.2003 but when full facts were brought to the notice of the Vice Chancellor, he on 12.8.2003 withdrew the order dated 14.4.2003 granting approval for grant of fellowship to the petitioner. 3. in the first supplementary counter affidavit the prospectus of 2002-2003 has been annexed as Annexure B. In the second supplementary counter affidavit it has been admitted that in-take capacity in the Department of Genetics in Master Degree Programme in Rajendra Agricultural University was 3 plus 1, three for the students of Bihar, who are admitted on the basis of entrance test and one for the student selected by the Indian Council of Agricultural Research. On Ist April, 2002 a decision was taken that the Rajendra Agricultural University fellowship would be permissible to only such students of various Masters level degree programme in Rajendra Agricultural University, Bihar, who are allowed admission through Competitive Entrance Test conducted by the University for domicile of Bihar, effective from Session 2002-2003, Annexure D. Since the petitioner is at serial no. 3 in merit list, she cannot be granted fellowship. In the third supplementary counter affidavit Regulations on Resident Instruction of Rajendra Agricultural University, Annexure E and Prospectus of Academic Session, 2001-2002 and different Academic Sessions Annexure F series have been brought on the record. 4. Learned counsel for the petitioner contended that the petitioner is entitled to get fellowship on the basis of the Rules and Regulations of the University whereas learned counsel for the respondents contended that since for the Session 2002-2003 in the prospectus only three seats were published and as such the petitioner is not entitled to get fellowship on the basis of 75% of the advertised seats. However, on consideration of the submission made by the learned counsel for the parties and on the basis of the materials available on the record it is evident that the petitioner and the respondents both have admitted that since the inception of Genetics Department in Rajendra Agricultural University there were four seats in the Department; three seats were for the students who are resident of Bihar and admitted on the basis of entrance test conducted by the University and one non-fellowship seat for Indian Council of Agricultural Research. The said system of admission was prevelant since the date of creation of Genetics Department. Regulation of Rajendra Agricultural University, Bihar has been annexed as annexure E. Regulation 57(3) says that 75% of the students based on in-take capacity in each discipline in order of merit shall be entitled for the fellowship. It is also evident from item XVII of Syllabus 2002-2003, annexure B that University fellowship is only for such candidates (domicile of Bihar) who have been allowed admission based on competitive test conducted by the Rajendra Agricultural University, Pusa Bihar. It is also evident from the prospectus of 2001-2002, annexure F, that in the Genetics Department only three seats were published. It is an admitted position that in the year 2001-2002 in similar situation one Miss Suman Kalyani was granted fellowship, annexure 4. The petitioner was admitted for the session 2002-2003. The syllabus of 2002-2003 is similar to the syllabus of 2001-2002 but the petitioner is not being granted fellowship. The objection of the University is that only three seats were advertised in the syllabus and as such on the basis of 75% of the advertised seats only two students will be entitled to fellowship. The petitioner is at serial no. 3 in the merit list and as such she is not entitled to fellowship. The objection appears to be devoid of merit on the ground that in similar situation for the year 2001-2002 Miss Suman Kalyani was granted fellowship and the petitioner is not being granted fellowship. Moreover, Regulation 57(3) of the Rajendra Agricultural University, Bihar clearly states that 75% of the students based on in-take capacity in each discipline in order of merit shall be entitled for the fellowship. The said regulation has not been amended/deleted. Therefore, the objection raised by the University appears to be contrary to the regulation. Furthermore, Item XVII of Syllabus 2002-2003 itself says that University Fellowship is only for such candidates (domicile of Bihar) who have been allowed admission based on competitive test conducted by the Rajendra Agricultural University, Pusa, Bihar. The said fact has been reiterated in Annexure D to the 2nd supplementary counter affidavit. Furthermore, Item XVII of Syllabus 2002-2003 itself says that University Fellowship is only for such candidates (domicile of Bihar) who have been allowed admission based on competitive test conducted by the Rajendra Agricultural University, Pusa, Bihar. The said fact has been reiterated in Annexure D to the 2nd supplementary counter affidavit. It is an admitted position that since the inception of Genetics Department in the Rajendra Agricultural University three students having residence in Bihar and admitted on the basis of entrance test were allowed fellowship but the petitioner is being denied the same on the ground which has no leg to stand as the Regulation of the Rajendra Agricultural University will prevail and not the arbitrary action of the respondents. It would not be out of place to mention herein that the Vice Chancellor approved the recommendation for grant of fellowship to the petitioner vide order dated 14.4.2003 which is evident from annexure 3. However, inspite of the said approval the petitioner was not allowed fellowship, she filed writ petition on 14.7.2003. The case was taken up on 6.8.2003 and two weeks time was allowed to the learned counsel for the University to file counter affidavit. However, during this period the Vice Chancellor withdrew the approval for grant of fellowship to the petitioner vide order dated 12.8.2003 as has been stated in the counter affidavit itself. Therefore, it is evident that while the matter was sub judice, the Vice Chancellor withdrew the approval of grant of fellowship to the petitioner. Such action cannot be said to be justified rather it speaks something malafide against the respondents/Vice Chancellor. 5. Thus, on consideration as discussed above, i find no reason to deny the relief as prayed for by the petitioner. Accordingly, the writ petition is allowed. The respondents are directed to grant fellowship to the petitioner without making unnecessary delay.