Ishwar Sharma v. Maharana Pratap University Of Agriculture And Technology, Udaipur
2019-02-13
INDERJEET SINGH
body2019
DigiLaw.ai
JUDGMENT 1. This Court while issuing notices to respondents on 07.09.2017 passed following interim order: "Learned counsel for the petitioner states that the petitioner was required to appear on 09.08.2017 at 11.00 A.M. for Spot Counselling for allotment of seat in the college of his choice. The petitioner could not report as he was having no information. The petitioner may not have had any case in case, no seats were available. However, it is stated that the seats are available and moreover, the University is allowing counselling and admission at their own level even after the cut off date as the seats are available, whereas, the colleges are being denied the same relief. Issue notice to the respondents returnable within three weeks. Meanwhile, if the seats are lying vacant, the petitioner be considered for allotment against the said seat of B.Sc. Agriculture Course offered by the respondent No. 3 - College provisionally. However, it is made clear that no equity shall be created in favour of the petitioner by this interim order and his right to continue in the course shall remain subject to the final outcome of the writ petition." 2. Today, counsel for the petitioner submitted that a similar writ petition has already been allowed by a coordinate Bench of this Court in the matter of Tanmay Paniya v. Maharana Pratap University of Agriculture and Technology, Udaipur & others: S.B. Civil Writ Petition No. 10960/2017, decided on 07.02.2019; wherein it has been held as under: "07/02/2019 1. By way of this writ petition, the petitioner is seeking directions to the respondents to grant him admission in B.Sc. Agriculture course for the Academic Year 2017-18. 2. On 11.9.17, while issuing notices to the respondents, an interim order was passed by this Court in favour of the petitioner in the following terms:- "Meanwhile, if the seats are lying vacant, the petitioner be considered for allotment against the said seat of B.Sc. Agriculture course offered by the respondent No. 3- college provisionally. However, it is made clear that no equity shall be created in favour of the petitioner by this interim order and his right to continue in the course shall remain subject to the final outcome of the writ petition." 3. Learned counsel appearing for the petitioner submits that pursuant to the interim order passed as aforesaid, the petitioner was admitted to the B.Sc.
Learned counsel appearing for the petitioner submits that pursuant to the interim order passed as aforesaid, the petitioner was admitted to the B.Sc. Agriculture course in Surendra Kaur Memorial Agriculture College, Padampur, District Sriganganagar and is pursuing his studies of the course for last more than one year and therefore, the interim order passed by this Court may be made absolute and the petitioner may be permitted to pursue his studies. 4. The prayer made on behalf of the petitioner as aforesaid, is not opposed by the learned counsel appearing for the respondent Maharana Pratap University of Agriculture and Technology. 5. It is also submitted that a writ petition involving identical question being S.B. Civil Writ Petition No. 10499/2016 "Navjot Singh v. Maharana Pratap University & Ors." has already been allowed by a Coordinate Bench of this Court vide order dated 16.7.18. 6. Accordingly, the writ petition is allowed in terms of the agreement arrived at between the parties as aforesaid. The petitioner shall be permitted to pursue the studies of the B.Sc. Agriculture course wherein he was admitted pursuant to the interim order dated 11.9.17. No order as to costs." 3. Counsel for the respondents has not disputed the judgment passed by this Court in the matter of Tanmay Paniya (supra). 4. In that view of the matter, the writ petition is allowed in terms of the judgment passed by the coordinate Bench of this Court in the matter of Tanmay Paniya (supra). The petitioner shall be permitted to pursue the studies of B.Sc. (Agriculture) course, wherein he was admitted pursuant to the interim order dated 07.09.2017.