Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 2631 (RAJ)

SBS Sikshan Sansthan v. State of Rajasthan

2019-10-01

DINESH MEHTA

body2019
JUDGMENT : Dinesh Mehta, J. 1. By way of these writ petitions, the petitioners have challenged the action of the State Government, the notification dated 14.08.2019, in particular, whereby the State Government has proposed to hold additional Joint Entrance Examination (JET) for private universities only and not including the private colleges. 2. Learned counsel for the petitioners argued that impugned action on the part of the respondent-State is ex-facie arbitrary and violative of Article 14 of the Constitution of India. He submitted that the State cannot discriminate between the private colleges vis-à-vis private universities. Pointing out that the petitioners and the private Universities participated in the same selection process, however after completion of the counseling, the respondent-State has given fresh chance to the private Universities, while not according such opportunity to the petitioners-private colleges. 3. Mr. Rajat Arora, learned counsel for the respondent- State, argued that after completion of the counseling, as many as 1137 seats remained vacant, out of which 1064 seats of private Universities were vacant, for which the State proposed to conduct de novo process for providing admission in private Universities. According to him, only 72 seats of different private colleges remained unfilled and thus it was thought appropriate not to include seats of private colleges for the ensuing process. 4. It was argued that the State had no intention to favour private Universities, the notification dated 14.08.2019 was issued as those Universities represented that their seats are lying vacant, whereas none of the private colleges have ever requested' to conduct fresh counselling. 5. Mr. Godara, learned counsel for Coordinator, JET, 2019, argued that if fresh selection process is undertaken, it would take considerable time and the students, who are given admission, will not be able to complete their requisite attendance. 6. Heard learned counsel for the parties. 7. This Court is unable to accept the justification given by the State for confining the process only for the private Universities, while ignoring the private colleges. The State cannot keep the private colleges out of the process because only 72 seats of the private colleges are vacant. 8. In considered opinion of this Court, even if only 72 seats are lying vacant, the State ought to have included the colleges, because their seats will remain vacant for the entire academic year. The State cannot keep the private colleges out of the process because only 72 seats of the private colleges are vacant. 8. In considered opinion of this Court, even if only 72 seats are lying vacant, the State ought to have included the colleges, because their seats will remain vacant for the entire academic year. That apart, none of the rights of the private Universities are likely to be affected, if the petitioners are permitted to give admission against their vacant seats. 9. Mr. Rajat Arora, learned counsel for the respondent- State, having sought requisite instructions, submitted that if fresh counselling is to be undertaken, it would involve cost of advertisement etc., which according to the State is about Rs. 2 lakhs and this process will take at least 15 days' time. According to him if petitioners are ready to reimburse such cost, the State has no issue, if private colleges are also allowed to fill their vacant seats. 10. Mr. Sandhu, learned counsel for the petitioners, submitted that the petitioners are ready to deposit the requisite amount of Rs. 2 lakhs with the respondent No. 3. 11. In the opinion of this Court, the State has meted discriminatory treatment to the private colleges, by not including them in the process conducted by notification dated 14.08.2019. Petitioners or any other similarly situated private colleges are entitled to such opportunities. 12. It has been pointed out that in spite of notice dated 19.09.2019 confining the proposed counselling qua the private Universities, Agriculture University, Bikaner has issued a notice dated 19.09.2019 at its website, proposing to undertake counselling for its own university. 13. In furtherance thereof, on 27.09.2019, the University has issued a notice permitting the private colleges and students also to take part in the spot counselling. 14. Mr. Sandhu informed that though some of the students and colleges have been given admission in counselling which was conducted on 28.09.2019, however, due to short notice and lack of proper information, neither students could opt the colleges nor many of the colleges could take part. 15. An additional affidavit has also been filed by State, inter-alia stating as under:- "5. Sandhu informed that though some of the students and colleges have been given admission in counselling which was conducted on 28.09.2019, however, due to short notice and lack of proper information, neither students could opt the colleges nor many of the colleges could take part. 15. An additional affidavit has also been filed by State, inter-alia stating as under:- "5. It is submitted herein that in the JET Examination which was initially conducted, after counseling, number of qualified students did not take part for various reasons and further did not report at the institutes, in cases were such allotment was made through counseling. In the present set of circumstances, it is stated that the petitioner grievance would be addressed if one more round of counseling is conducted of the remaining students who had cleared the first JET examination. It is submitted that, in this regard, the exercise would result in expenditure of Rs. 2 lacs which would include opening of option forms, counseling, advertisement etc. The whole exercise would take around 15 days from the opening of option forms. Presently there are 72 seats vacant in all the private colleges combined. The Hon'ble Court may kindly be considered the above aspect of the matter and may please pass appropriate orders." 16. In view of the facts obtaining and considering the concession/consent given by the State, it is deemed expedient and hence ordered that the petitioner-colleges shall deposit a sum of Rs. 2 lakhs with the respondent No. 3 by 04.10.2019. 17. The respondent No. 3 shall conduct spot counselling on the basis of results of examination - JET-2019 on 11.10.2019 at 11.00 AM. 18. Upon the amount being deposited, the respondent No. 3 shall get a schedule of counselling published in two daily newspapers, while also flashing the same on its website for filling-up these vacant seats for admission in B.Sc. Agriculture Course. 19. With the directions aforesaid, the writ petitions so also the stay petitions are disposed of.