JUDGMENT AND ORDER : 1. Heard Shri M. Devananda, learned counsel appearing for the petitioner; Shri Y. Nirmolchand, learned counsel appearing for the respondent No. 2 and Shri Y. Ashang, learned Government Advocate appearing for the respondent No. 1. None appears on behalf of the respondent Nos. 3 and 4 to 10. 2. The subject matter in issue relates to the validity and of the order dated 30-06-2015 issued by the State Government by which the private respondents have been selected for admission to the B.Sc.(Agri.), B.Tech. (Agri. Engg.), B.Tech. & (Food Technology), B.Sc. (Home Science) and B.Sc. (Nutrition and Dietetics) Courses 2015-2016 (hereinafter referred to as B.Sc. (Agri.) and Allied Degree Courses) in various Agricultural Colleges and the same is being challenged by the petitioner who is the father of one of the candidates by way of the present writ petition. 3.1 Admittedly, certain seats for admission to B.Sc. (Agri.) and Degree Courses under different categories are allocated to the State of Manipur by the Central Agricultural University, Iroisemba, Imphal for which the State Government had been conducting an Entrance Examination for some years for selection of students for admission to B.Sc. (Agri.) and Allied Degree Courses by selecting bonafide students. The said Entrance Examination was conducted by the Department of Agriculture, Government of Manipur in terms of the provisions of Manipur Agricultural & Allied Courses (Selection of Candidates for Nomination) Amendment Rules, 1999 (herein after referred to as “Rules”). Rule 2(4) defines the words “Agric-ultural and Allied Courses” as Courses in B.Sc. (Agri.), B.Sc. (Horticulture), B.Tech. (Agricultural Engineering, B.Sc. (Home Science) and other branch of Agricultural Courses leading to the award of Degree. Rule 7 of the said Rules provides for eligibility and qualification required for purpose of appearing in the said Common Entrance Examination. Rule 7(1)(iii)(c) which is relevant for the issue involved herein, provides as under: “For B.Tech. (Agri. Engg.) & T.Tech. in Process & Food Engg., Mathematics is compulsory with 45% marks in individual subject in all the categories.” 3.2 Keeping in mind the inconveniences faced by the eligible candidates, the Director of Agriculture, Manipur vide its letter dated 03-01-2013 submitted a proposal to the Commissioner (Agriculture), Government of Manipur proposing that selection of candidates by the Department may be fixed on the basis of the total marks scored in the All India Entrance Examination conducted by the Indian Council of Agricultural Research (ICAR). Para No. 4 of the said letter is as under: “4. Hence, it is proposed that selection of candidates for nomination by the Department may be fixed on the basis of the total marks scored in the common examination conducted by the ICAR. However, all other terms and condition may remain unchanged. This would not only curtail the avoidable extra expenditure of the citizens/candidates on travelling cost for coming at least three times to the department and on the cost of preparation of documents before confirming selection coupled with expenditures incurred by the department while conducting the examination.” 3.3 The aforesaid proposal was accepted and the approval of the Government was conveyed with the instruction to facilitate timely notification for all concerned for All India Entrance Examination for undergoing B.Sc. (Agri.) and Allied Degree Courses vide letter dated 30-01-2013 addressed to the Director of Agriculture, Manipur by the Under Secretary to the Government of Manipur. After the said proposal having been accepted, the selection of candidates for admission to the said B.Sc. (Agri.) and Allied Degree Courses, on the basis of the marks secured by the candidates in the All India Entrance Examination conducted by the Indian Council of Agricultural Research (ICAR), commenced for the first time from the Academic Session 2013-2014 for which an order dated 20-07-2013 was issued by the Department of Agriculture, Government of Manipur. In the same manner, the candidates were selected for admission to B.Sc.(Agri.) and Allied Degree Courses for the Academic Session 2015-2016 for which an order dated 30-06-2015 was issued by the Department of Agriculture, Government of Manipur. 3.4 Being aggrieved by the said order dated 30-06-2015 issued by the Department of Agriculture, Government of Manipur, the petitioner has questioned it on the ground that the State Government has completely violated the norms of selection laid down by the ICAR while selecting the candidates for admission to B.Sc. (Agri.) and Allied Degree Courses for the reason that the private respondents who have exercised their option for Stream-A, have been selected for admission to the bachelor degree programme under the Stream-B and therefore, the action of the State Government is arbitrary, unjust, malafide and discriminatory being violative of the fundamental rights of the petitioner. (Agri.) and Allied Degree Courses for the reason that the private respondents who have exercised their option for Stream-A, have been selected for admission to the bachelor degree programme under the Stream-B and therefore, the action of the State Government is arbitrary, unjust, malafide and discriminatory being violative of the fundamental rights of the petitioner. This writ petition has been contested by the respondent No. 1 by filing an affidavit-in-opposition wherein it is stated that the selection has been made in terms of the said Rules which are still in force without changing the terms and conditions thereof and the candidates who appeared either in Stream-A or Stream-B are treated at par and are selected as per marks scored by them in the All India Entrance Examination conducted by the ICAR. The petitioner was not recommended by the Selection Committee, as she was far below in the merit list. The respondent No. 2 has also filed an affidavit-in-opposition taking a similar stand as that of the respondent No. 1. It may be noted that the private respondent Nos. 4 to 10 have chosen not to contest the writ petition despite notices being duly served upon them. 4. Before adverting to the rival contentions, it becomes necessary for this court to understand the scheme of the All India Entrance Examination being conducted by the ICAR. An All India Entrance Examination for admission to 15% seats in B.Sc. Degree programmes and award of National Talent Scholarships in Agriculture & Allied Science Subject (other than Veterinary Science) in Agricultural Universities is conducted by the Indian Council for Agricultural Research for which “Bulletin of Information” was published for every Academic Session. Relevant para of the said Bulletin of Information are given as under “ 2.0. DEGREE PROGRAMMES AVAILABLE FOR ADMISSION Admission to 11 Bachelor degree programme of four years duration in the subjects of: (i) Agriculture (ii) Horticulture (iii) Fisheries(iv) Forestry(v) Home Science (vi) Sericulture (vii) Biotechnology (viii) Agricultural (ix) Dairy Technology (x) Food Science and (xi) Agricultural Marketing & Cooperation etc. is available to Indian Nationals based on merit-rank in ICAR’s All India Entrance Examination. For the purpose of Entrance Examination, above 11 degree programmes are categorized into two Streams viz. Stream-A: Agriculture/Biology and Stream-B: Mathematics. The candidate has a right to exercise option only for one Stream at the time of submitting the application. The option once exercised cannot be changed subsequently. For the purpose of Entrance Examination, above 11 degree programmes are categorized into two Streams viz. Stream-A: Agriculture/Biology and Stream-B: Mathematics. The candidate has a right to exercise option only for one Stream at the time of submitting the application. The option once exercised cannot be changed subsequently. 2.1. STREAM-A (Agriculture/Biology): Candidates under this stream can seek admission for Bachelor degree programmes in Agriculture, Horticulture, Fisheries, Forestry, Home Science, Sericulture, Food Science, and Biotechnology. 2.2. STREAM-B (Mathematics): Candidates under this stream can seek admission for Bachelor degree programmes in Agricultural Engineering, Dairy Technology, Agricultural Marketing & Co-operation and also in Forestry, Food Science and Biotechnology at some of the Agricultural Universities provided Biology has been one of the subjects during 10+2 examination. 3.2.3 Candidates opting for Stream-A in the entrance examination should have passed 10+2 examination enumerated above necessarily with Physics, Chemistry and Biology/Agriculture/Home Science subjects whereas those opting for Stream-B should have passed 10+2 examination necessarily with Physics, Chemistry and Mathematics subjects. 7.7 Evaluation and Declaration of Result: (i) OMR answer sheets of the candidates shall be scanned through computer/scanner and evaluated through computer by matching the OMR answer sheet responses of the candidate with the Stream wise (Stream-A/Stream-B), optional subject-wise (Agriculture/Biology/Mathematics) and Series-wise (Series-1/Series-2) Answer Key templates prepared beforehand. Overall merit-rank list shall be prepared separately for both subject streams. In the event of candidates getting equal marks in the Entrance Examination, relative merit will be determined on the basis of marks obtained in the compulsory subjects (Physics and Chemistry) in AIEEA-UG Examination. In the event of tie again, a candidate, higher in age, would be rated higher in merit. Category-wise final merit list for counselling shall be prepared based on the reservation category information given by the candidate in OMR Answer sheet.” On perusal of the said relevant paras of the Bulletin of Information, it is seen that there are 11 degree programmes which are categorised into two streams - Stream-A and Stream-B. The candidate has a right to exercise option only for one stream at the time of submitting the application. The option once exercised cannot be changed subsequently. Overall merit-rank list shall be prepared separately for both subject streams. 5. The option once exercised cannot be changed subsequently. Overall merit-rank list shall be prepared separately for both subject streams. 5. The important and substantial questions of law that have arisen for consideration by this court are as under: (a) Whether the selection of the private respondents for admission to degree programme in Stream-B is permissible or not, when they have exercised their options for Stream-A at the time of submitting their applications ? (b) Whether the State Government is competent, under the provisions of the said Rules, to imagine a common select list based on the said two lists- one for Stream-A and another for Stream-B prepared by the ICAR and to select candidates for admission on the basis of such a common list ? 6. Both the issues are considered together, as the same are inter-related to each other. It is not in dispute that some seats are allocated to the State of Manipur by the Central Agricultural University, Iroisemba for admission to B.Sc. (Agri.) and Allied Degree Courses and in terms of the provisions of the said Rules, an entrance examination was being conducted for every year by the Selection Committee which shall prepare a select list and waiting list strictly in order of merit. After the said select list being submitted to the State Government, an order selecting candidates for admission to B.Sc. (Agri.) and Allied Degree Courses is issued accordingly. The select list is common for all B.Sc. (Agri.) and Allied Degree Courses subject to one condition that for admission to B.Tech. (Agri. Engg.) and B.Tech. in Process & Food Engg., Mathematics is compulsory with 45% marks in individual subject in all the categories. This method of selection was continued till the academic session 2012-13 and for a change in the method of selection, a proposal came to be made that instead of conducting an entrance examination by the Selection Committee, selection of candidates by the State Government may be made on the basis of the total marks secured by the candidates in the All India Examination conducted by the ICAR and all other terms and conditions are made to remain unchanged. After the said proposal having been accepted by the State Government, the new method of selection was followed for the academic sessions 2013-14 and onwards. After the said proposal having been accepted by the State Government, the new method of selection was followed for the academic sessions 2013-14 and onwards. It may be noted that after the results having been declared by the ICAR, the State Government invited applications in the counselling proforma, a copy of such counselling proforma is annexed with the counter affidavit filed on behalf of the respondent No. 1 wherein the applicant has to tick the stream that he has chosen at the time of examination. What does the Selection Committee do thereafter appears to be that the said two results - one for Stream-A and another for Stream-B are merged into one on the basis of which the candidates are selected by treating them at par irrespective of whether a candidate has exercised his option either for Stream-A or Stream-B. The learned counsel for the petitioner has vehemently submitted that this type of selection is arbitrary and illegal. To counter his contention, the learned Government Advocate has submitted that there is nothing wrong in the selection because the State Government has done it in accordance with the provisions of the said Rules and in particular, the provisions of Rule 7(1) (iii)(c). It has also been submitted by the learned Government Advocate that even though the State Government has decided to rely upon the results of the All India Entrance Examination conducted by the ICAR, the other terms and conditions mentioned in the said Rules remain unchanged. The submissions of the learned Government Advocate have no force and substance and hence, cannot be countenanced at all. It is nowhere provided in Rule 7(1)(iii)(c) or for that matter, in any provisions of the said Rules that the said two results prepared by the ICAR are to be merged or a common select list is to be prepared by the Selection Committee based on the said two results and that a candidate who has exercised his option for Stream-A, can be selected for admission to degree programme under Stream-B. In fact, the Rule 7(1)(iii)(c) was relevant when the entrance examination was conducted by the Selection Committee and only one select list was prepared, on the basis of which the selection was made by it. This is not so in the present day because the State Government has already taken a policy decision not to conduct any entrance examination by the Selection Committee and instead thereof, has decided to rely upon the results of the All India Entrance Examination conducted by the ICAR for purpose of selecting candidates for admission to B.Sc. (Agri.) and Allied Degree Courses. The unfortunate part is that even after the State Government having decided that the selection shall be based on the results of the All India Entrance Examination conducted by the ICAR, no notice has been given to the public that despite two results being prepared by the ICAR separately for Stream-A and Stream-B, the selection shall still be made by treating the candidates for Stream-A and Stream-B at par irrespective of the options being exercised by them at the time of examination. In other words, what is to be done and how is to be done by the Selection Committee when two results of two streams are made available to it by the ICAR, is not made known to the public. It may be noted that the conduct of the All India Entrance Examination by the ICAR is a process commencing from the date of notification for submission of application till the date of declaration of result, for which certain norms have been laid down therein in the sense that at the time of submitting application, the candidate has to exercise his option either for Stream-A or Stream-B and the option once exercised cannot be changed by the candidate subsequently. The degree programmes have been categorised into-Stream-A and Stream-B by the ICAR, probably, on some reasons or rational which have not been questioned by anyone, for that matter, the State of Manipur as well. Two select lists are prepared by the ICAR separately for Stream-A and Stream-B and admissions are to be given accordingly. The selection of the private respondents by the Selection Committee for Stream-B, although they have exercised their options for Stream-A, as is evident from the letters dated 24-08-2015 and 28-09-2015 of the ICAR, is highly unreasonable, arbitrary and may definitely tantamount to nullifying the process of examination. The selection of the private respondents by the Selection Committee for Stream-B, although they have exercised their options for Stream-A, as is evident from the letters dated 24-08-2015 and 28-09-2015 of the ICAR, is highly unreasonable, arbitrary and may definitely tantamount to nullifying the process of examination. Treating the candidates who have exercised their options namely Stream-A and Stream-B at par despite the said two results being declared by the ICAR separately for Stream-A and Stream-B would be violative of Article 14 of the Constitution which mandate equality among equals and not equality among un-equals. To treat both the candidates for Stream-A and Stream-B equally will put the candidates for Stream-B at disadvantage which is evident from the lists furnished by the ICAR, as a result of which many of the candidates who have exercised options for Stream-B could not be selected against the seats which are meant for them. 7. It is well settled that the State Government being an institution, ought to act fairly and reasonably. It does not make any difference to the State Government whether a candidate namely A or B is selected for admission to B.Sc. (Agri.) and Allied Degree Courses and the only thing that the State Government ought to do, is to ensure that the seats allocated to it are filled up in accordance with the lists prepared by the ICAR. Considering the rival contentions of the learned counsels for the parties and materials placed on record, this court is of the view that the actions of the State Government in merging the two results of the ICAR for purpose of selecting candidates and in selecting candidates for Stream-B when the candidates have exercised their options for Stream-A at the time of submitting their applications, are arbitrary being violative of Article 14 of the Constitution of India and therefore, the order dated 30-06-2015 issued by the State Government is liable to be quashed. 8. For the reasons stated herein above, the instant writ petition is allowed and consequently, the Government order dated 30-06-2015 issued by the Director of Agriculture, Manipur in respect of the private respondents, is quashed and set aside with no order as to costs.