Sakshi Chauhan v. Yashwant Singh Parmar University of Horticulture and Forestry
2021-03-06
JYOTSNA REWAL DUA
body2021
DigiLaw.ai
JUDGMENT : JYOTSNA REWAL DUA, J. 1. Aggrieved against rejection of their candidature for admission to M.Sc (Agri Business Programme) by respondent No.1/University, the petitioners have preferred the instant writ petition. 2(i) Respondent No.1/University in May 2020, published its prospectus for admission to M.Sc/MBA (Agri Business Programme) for academic session 2020-2021. The last date for receipt of application form was 8.6.2020. The application form alongwith late fee could be submitted by 15.6.2020. The entrance test was scheduled for 27.6.2020. Chapter-III of the prospectus pertained to ‘admission to normal and self financing seats’. Clause 3.1 (a)(iv) whereof prescribed minimum qualification i.e. eligibility of candidates for different disciplines of M.Sc/MBA (Agri Business Programme). Relevant clause under this chapter is extracted hereinafter: “3.1 Minimum Qualification/eligibility The eligibility criteria of candidates to the different disciplines of M.Sc/MBA (Agri Business) programmes is given below: (iv) Bsc (Hons) Horticulture/B Sc Horticulture/B.Sc (Hons) Forestry/ B Sc Forestry 4 years programme under ICARAU system (SAUs/ CAUs/ CU’s with Agriculture faculty). However, if seats remain vacant, the candidates with B Sc (Hons) Biotechnology/B Tech Biotechnology, B Sc (Hons) Agriculture/ B Sc Agriculture under ICARAU system (SAUs/ CAUs/ CU’s with Agriculture faculty) shall be considered on merit basis in order of preference. If seats still remain vacant the candidates with BSC Medical under ICARAU system or UGC recognized universities will be considered on merit basis.” 2(ii) Both the petitioners had passed Bachelors of Science (Hons) in Agriculture from respondent No.2/University in the year 2020. Respondent No.2/University is a private university, stated to be affiliated/recognized by the University Grant Commission (hereinafter referred as UGC). Respondent No.2University’s name figures at Sr. No. 266 of the list of universities (Annexure P2) affiliated/recognized by the UGC. The petitioners applied for Postgraduate course in terms of the time line indicated in the prospectus. 2(iii) On 26.11.2020, respondent No.1/University in view of adoption of a new reservation roster and due to Covid19 pandemic, revised/amended its prospectus for admission to the B.Sc/M.Sc/MBA (Agri Business Programme). Under the amended prospectus, the reservation roster was statedly modified and seats were shuffled from one discipline to another. The provision of entrance test stipulated under clause 3.3 of the original prospectus also underwent change. Under the amended clause 3.3, there was to be no entrance test for PGET2020 for admission in Postgraduate programme for the academic year 2020-2021.
Under the amended prospectus, the reservation roster was statedly modified and seats were shuffled from one discipline to another. The provision of entrance test stipulated under clause 3.3 of the original prospectus also underwent change. Under the amended clause 3.3, there was to be no entrance test for PGET2020 for admission in Postgraduate programme for the academic year 2020-2021. In view of Covid19 pandemic, the merit list of candidates was to be prepared by taking into account their OCPA/Marks obtained in the qualifying degree plus weightage of sports (cultural) cocurricular activities, NCC, Scouting and MSS, if any. However, the minimum qualification/eligibility criteria as prescribed earlier in Chapter-III of the original prospectus remained unchanged. Under amended prospectus the candidates were required to send their counselling proformas alongwith relevant certificates. Petitioner No.1, accordingly, submitted her counselling proforma for normal seat as well as self financing seat indicating her preferences in seriatum. Similarly, petitioner No.2 also furnished her counselling proforma for normal seat. 2(iv) On 3.12.2020, respondent No.1 issued a notice, relevant portion whereof, is extracted hereinafter: “This is for the information of the applicants, who have applied for admission to M.Sc. Programmes of this University for the Academic Session 20-2021 for Normal Seats and have passed their B.SC Agriculture/Horticulture/Forestry etc. degree from SAUs/CAUs/CUs with Agriculture Faculty that the University has prepared tentative merit list on the basis of the documents supplied by the applicants with their counselling proforma. There is a separate list of those candidates, who have passed their B.Sc degree from NonSAUs/ CAUs/CUs with Agriculture faculty and in accordance with the prescribed minimum qualification, they are not entitled for allotment of seat in M.Sc programme of this University.” In terms of the above notice, candidates who had passed their B.Sc degree from NonSAUs/ CAUs/CUs with Agriculture Faculty and in accordance with prescribed minimum qualifications were held not entitled for allotment of seats in M.Sc programme. Names of the petitioners were also part of the list of rejected candidates appended alongwith the notice. 2(v) For continuation of facts, it may be noticed that on 11.12.2020, respondent No.1 issue an addendum carrying out following amendments in Chapter-III of the prospectus: “The candidates who have passed out from ICARAU system (SAUs/CAUs with Agriculture Factuly) and ICAR accredited universities/colleges/programmes, public funded/Govt. Institutions (including their constituent colleges irrespective of ICAR accreditation) are eligible for admission through counselling on merit basis.
Institutions (including their constituent colleges irrespective of ICAR accreditation) are eligible for admission through counselling on merit basis. However, candidates passed out from agricultural private universities/colleges not accredited by ICAR, even though affiliated to public funded/Govt. Institutions are not eligible for admission. Other conditions will remain same”. This was followed by yet another addendum on 15.12.2020, which reads as under: “The candidates who have passed out from ICARAU system (SAUs/CAUs with Agriculture Factuly) and ICAR accredited universities/colleges/programmes, public funded/Govt. Institutions (including their constituent colleges irrespective of ICAR accreditation) are eligible for admission through counselling on merit basis. However, candidates having B Sc 4year degrees of Horticulture/Forestry/Agriculture/Food Technology from agricultural private universities/colleges not accredited by ICAR, even though affiliated to public funded/Govt. Institutions are not eligible for admission. Other conditions will remain same”. Since candidature of the petitioners were rejected, therefore, the instant petition has been preferred for the following substantive reliefs: “(i) That the impugned AnnexureP7, dated 3rd December, 2020, whereby the candidature of the petitioners for admission to M.Sc (Agriculture) Programme has been rejected, may kindly be quashed and set aside. (ii) That the impugned AnnexureP8 (colly), addedums dated 11th December, 2020 and 15th December, 2020 whereby the eligibility criteria for admission to M.Sc (Agriculture) Programme was modified/notified midway the admission/selection process, may kindly be quashed and set aside. (iii) That the respondent No.1 University may kindly be directed to consider the candidature of the petitioners for admission to M.Sc (Agriculture) Programme strictly as per the merit of the petitioners against normal seats or self financing seats;” 3. Heard learned counsel for the parties and gone through the pleadings & documents appended therewith. 4. Learned counsel for the petitioners contended that the respondents were bound by the terms and conditions including the minimum qualification/eligibility criteria stipulated in the original prospectus issued in May 2020. The petitioners were eligible under eligibility criteria laid down in the original prospectus, therefore, their candidature could not have been rejected by respondent No.1 University. Notice dated 3.12.2020, rejecting the candidature of the petitioners was not in consonance with the terms of the original prospectus. The addendums dated 11.12.2020 and 15.12.2020 could not be taken into consideration for determining the eligibility of the petitioners for admission to Postgraduate courses. The rules of the game could not be altered to the disadvantage of the petitioners after the ball was set rolling.
The addendums dated 11.12.2020 and 15.12.2020 could not be taken into consideration for determining the eligibility of the petitioners for admission to Postgraduate courses. The rules of the game could not be altered to the disadvantage of the petitioners after the ball was set rolling. Learned counsel for the petitioner has relied upon 2015 (8) SCC 484 , titled Prakash Chand Meena and Others Vs. State of Rajasthan and others, 2014 (5) SCC 774 , titled Bishnu Biswas and others Vs. Union of India and others, 1997 (6) SCC 623 , titled Chairman, Railway Board and others Vs. C.R. Rangadhamaih and others, in support of his contention that change in norms effected post the advertisement, cannot be retrospectively applied to the selection process. Learned counsel for respondent No.1 submitted that petitioners were not eligible under the prospectus and therefore, their candidature has been rightly rejected. Learned counsel also referred to the following disclaimer clause contained in prospectus issued in May 2020, to canvass that modification of the terms of the prospectus was within the purview of the respondent university in view of the liberty available to them, under the following disclaimer clause. “1. The information contained in this Prospectus is of general nature for the candidates seeking admission in various Post-Graduate Degree Programmes of the University. It is neither an exhaustive nor a legal document. The information contained herein is believed to be correct at the time of publication. However, the University reserves the right to make any alteration without any notice in the provisions made in the prospectus, whereupon, the University will not be responsible for any hardship or expense incurred by any student or any other person for such changes, additions, omissions or errors, no matter how they are caused. 2. Candidates are advised to refer to the Academic Regulations and other Statutory/Administrative provisions applicable on a particular point of time on various aspects, viz, System of Education, Residence in the University Hostels, Award of Scholarships/Stipends, Fellowships, Medals, Certificates of Merit, Conduct of the Students in the University ,etc.
2. Candidates are advised to refer to the Academic Regulations and other Statutory/Administrative provisions applicable on a particular point of time on various aspects, viz, System of Education, Residence in the University Hostels, Award of Scholarships/Stipends, Fellowships, Medals, Certificates of Merit, Conduct of the Students in the University ,etc. They should also note that the provisions of the Act, Statutes and Academic Regulations or any other legal/administrative notifications, orders, instructions and fee structure can be changed by the Competent Authority at any time without any prior notice.” 5(i) It has been submitted that petitioners’ candidature cannot be rejected by respondent No.1University by falling upon the notice dated 3.12.2020 (Annexure P7), addendum dated 11.12.2020 (Annexure P8) and addendum dated 15.12.2020. It is the case of the petitioners that their eligibility is to be determined only as per the stipulations contained in the original prospectus issued in May 2020. The amendment carried out to the prospectus on 26.11.2020 (Annexure P5), is not questioned by the petitioners, in compliance to which, the petitioners had submitted their counselling proformas. This is perhaps for the reason that the prospectus issued on 26.11.2020 had retained the conditions in respect of determining the eligibility criteria with which petitioners were concerned. Be that as it may. 5(ii) A perusal of the reply filed by respondent No.1 gives a clear indication that despite justifying the issuance of addendums, even according to respondent No.1, the candidature of the petitioners was required to be determined in accordance with eligibility criteria laid down in the prospectus issued in May 2020, which criteria was also retained in amended prospectus issued on 26.11.2020. This is apparent from the following averments made in para8 of their reply on merits (also para3 of reply on preliminary submission) “However, it is submitted that notice No.UHF/COF/Acad12/ 2020 dated 3.12.2020 (Annexure R6) has no bearing on rejection of the petitioner as they did not qualify for M.Sc programme as per the provision of original prospectus published in the month of May, 2020 on the university website.
In the light of above, the candidature cannot be accepted as per the terms of provision in prospectus uploaded during May, 2020.” When it is stand of respondent No.1 itself that the candidature of the petitioners was rejected as they did not qualify for M.Sc programme as per the provisions of original prospectus published in the month of May, 2020 as against the stand of the petitioners that their candidature could not have been rejected and that they were to be considered for M.Sc Programme in terms of the original prospectus, then it becomes incumbent for this Court to see the eligibility of the petitioners vis-à-vis the terms contained in the original prospectus issued in May,2020. 5(ii)(a) Following minimum qualification/eligibility criteria has been prescribed for admission to normal & self financing seats in M.Sc (Agri) Entomology) Plant Pathology (concerned disciplines involved & highlighted in instant petition) in ChapterIII of the prospectus issued by respondent No.1 in May 2020. “3.1 Minimum Qualification/eligibility The eligibility criteria of candidates to the different disciplines of M.Sc/MBA (Agri Business) programmes is given below: (iv) Bsc (Hons) Horticulture/B Sc Horticulture/B.Sc (Hons) Forestry/ B Sc Forestry 4 years programme under ICARAU system (SAUs/ CAUs/ CU’s with Agriculture faculty). However, if seats remain vacant, the candidates with B Sc (Hons) Biotechnology/B Tech Biotechnology, B Sc (Hons) Agriculture/ B Sc Agriculture under ICARAU system (SAUs/ CAUs/ CU’s with Agriculture faculty) shall be considered on merit basis in order of preference. If seats still remain vacant the candidates with BSC Medical under ICARAU system or UGC recognized universities will be considered on merit basis.” 5(ii)(b) A reading of the above extracted criteria shows that initially, the candidates who have obtained B.Sc (Hons) Horticulture/ B.Sc Horticulture/ B.Sc (Hons) Forestry/ B.Sc Forestry 4 years programme under ICARAU system (State Agricultural Universities, Central Agricultural Universities, Central Universities with Agriculture faculty) will be considered on merit basis for admission. If after consideration of candidates falling under first clause, the seats still remain vacant then the candidates with B.Sc (Hons) Biotechnology/BTech Biotechnology, B.Sc (Hons) Agriculture/B.Sc Agriculture under ICARAU system (State Agricultural Universities, Central Agricultural Universities, Central Universities with Agriculture faculty) will be considered on merit basis in order of preference. In case after consideration of the candidates falling in above two clauses, seats still remain vacant then the candidates with B.Sc Medical under ICARAU system or UGC recognized university will be considered on merit basis.
In case after consideration of the candidates falling in above two clauses, seats still remain vacant then the candidates with B.Sc Medical under ICARAU system or UGC recognized university will be considered on merit basis. Petitioners have obtained B.Sc (Hons) Agriculture degrees from respondent No.2University, which is not under ICARAU system. Respondent No.2 is not State Agricultural University/Central Agricultural University/Central University with Agriculture faculty. It is a private university affiliated/recognized by the UGC. Petitioners have not obtained B.Sc (Medical) degree from a UGC recognized university. Petitioners definitely do not fall under the first two clauses. Names of the petitioners cannot even be considered under the third clause as they have not passed out B.Sc Medical either from ICARAU system or from UGC recognized University. Petitioners have passed out from a private University recognized by UGC, however, their degrees were B.Sc (Hons) Agriculture and not B.Sc Medical. The averment in the writ petition that in past respondent No.1 has admitted students having B.Sc (Hons) Agriculture from respondent No.2University cannot come to aid of the petitioners in view of the clear eligibility criteria prescribed in the prospectus issued in May 2020, for the year 20-2021. There could be many such candidates who might not have applied in view of clear stipulation of the prospectus and there could be many such candidates whose candidature might have been rejected by respondent No.1 on the grounds similar to the ones taken for rejecting the candidature of the petitioners. Howsoever hard the case of the petitioners may appear to be, the fact cannot be lost sight of, that petitioners had applied under the terms stipulated in the original prospectus & have also based their claim in the instant petition on such terms/eligibility criteria as contained in the original prospectus issued in May 2020. There is no challenge to the eligibility criteria as laid down in the prospectus issued in May 2020. As already observed, petitioners do not satisfy the eligibility criteria as laid down in the original prospectus. The judgments cited by the learned counsel for the petitioners with respect to change of rules of game after the issuance of the prospectus are not applicable to the facts of instant case, where petitioners do not satisfy the eligibility criteria even as per original prospectus. No other point was urged.
The judgments cited by the learned counsel for the petitioners with respect to change of rules of game after the issuance of the prospectus are not applicable to the facts of instant case, where petitioners do not satisfy the eligibility criteria even as per original prospectus. No other point was urged. For the aforesaid reasons, it cannot be said that petitioners satisfy the eligibility criteria laid down in the prospectus issued in May, 2020 for admission to M.Sc (Agri) Entomology/Plant Pathology. Accordingly, finding no merit in the instant writ petition, the same is dismissed. Pending miscellaneous application(s), if any, also stand disposed of.