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2022 DIGILAW 439 (RAJ)

Tantia University v. State of Rajasthan

2022-02-10

DINESH MEHTA

body2022
JUDGMENT : DINESH MEHTA, J. 1. By way of present writ petition, the petitioners have sought direction to the respondent No. 4 and 5 to include name of petitioner's college in the list of participating colleges for allotment of students for admission in B.V.Sc. and A.H. degree course for the academic year 2021-22. 2. Mr. Rajpurohit, learned counsel for the petitioners apprising the Court about requisite facts, stated that vide NOC dated 26.07.2018, the Government of Rajasthan had permitted the petitioner-University to establish veterinary college at Sri Ganganagar as per the Veterinary Council of India Minimum Standards of Veterinary Education (Bachelor of Veterinary Science and Animal Husbandry-Degree Course) Regulation, 2016 (hereinafter to be referred to as ‘the Regulation of 2016’) as amended from time to time. 3. Thereafter the competent authorities pointed out defects in petitioner's application in furtherance whereof the petitioner made the requisite compliance however, due to no progress on the said application for a considerable amount of time, the petitioner preferred a writ petition (SBCWP No. 10747/2020) wherein vide order dated 14.01.2021 this Court directed the respondents to conduct inspection of petitioner's college. Pursuant to the order dated 14.01.2021 the respondents prepared a favourable inspection report, in furtherance whereof, the petitioner-University was issued a letter of intent dated 27.04.2021, permitting admission of students to B.V.Sc and A.H. degree course at Sri Ganganagar Veterinary College, Sri Ganganagar for the academic year 2021-22. 4. The petitioner was thereafter issued a letter of permission dated 21.12.2021 by the Government of India, Department of Animal Husbandry and Dairying. At this juncture as the petitioner became eligible to commence the Course of B.V.Sc. and A.H. degree, it approached the Principal Secretary, Department of Animal Husbandry, State of Rajasthan to include the name of petitioner's college in the list of participating colleges in the centralized counselling conducted by respondent No. 4 and 5 for admission in B.V.Sc. and A.H. course for session 2021-22. 5. In spite of petitioner's request, when name of petitioner's college was not included in the list, instant writ petition has been filed whereby directions to the State, so also to respondent No. 4 and 5 have been sought to enable it to take part in the counselling or to allot students to the petitioner's veterinary college. 6. Mr. 5. In spite of petitioner's request, when name of petitioner's college was not included in the list, instant writ petition has been filed whereby directions to the State, so also to respondent No. 4 and 5 have been sought to enable it to take part in the counselling or to allot students to the petitioner's veterinary college. 6. Mr. Rajpurohit, learned counsel for the petitioners argued that the veterinary college of the petitioner-university is duly authorized to conduct the courses and since the State Government had issued NOC and Essentiality Certificate and the centralised process of admission in B.V.Sc. and A.H. degree course is being undertaken by the respondent No. 4, it is entitled for allotment of the students through the counselling being conducted by respondent No. 5 for the academic year 2021-22. 7. On 08.02.2022, this Court had passed the following order: “1. Ms. Vandana Bhansali, learned counsel appearing for the respondent-university (Rajasthan University of Veterinary and Animal Sciences) submits that no direction can be issued to the respondent No. 4 and 5 to allot students to the petitioner-university (Tantia University, Hanumangarh Road, Sri Ganganagar), as the examinations pursuant to advertisement dated 15.12.2021, so also the counselling is being conducted by the Coordinator for respondent No. 4 (university) and its affiliated colleges. 2. Mr. Anil Kumar Gaur, learned Additional Advocate General is directed to inform the Court by tomorrow, as to whether the petitioner-university can conduct its own examination and admit the students or otherwise the State can direct the respondent No. 4 and 5 to allot students to petitioner-university, of course after taking appropriate facilitation charges. 3. List this case tomorrow i.e. on 09.02.2022. 4. Meanwhile, the petitioner-University may contact the Board of Management of the respondent No. 4-Rajasthan University of Veterinary and Animal Sciences to allocate students to it.” 8. Mr. Anil Gaur, learned AAG appearing for the State of Rajasthan has submitted that as per the Regulation No. 6 and 7 of the Regulations of 2016, the petitioner-university itself is required to hold a competitive examination and then give admission on the basis of the performance of the students in such examination. He argued that no direction can be issued to respondent No. 4 and 5 to allot students to the petitioner's veterinary college. 9. He argued that no direction can be issued to respondent No. 4 and 5 to allot students to the petitioner's veterinary college. 9. He was, however, not in a position to apprise the Court about the specific stand of the State as to whether the State will have any in-principle approval, if the petitioner-university conducts its own exam or whether the state would direct respondent No. 5 to allocate students to the petitioner's college. 10. Ms. Vandana Bhansali, learned counsel appearing on behalf of respondent No. 4 and 5 vehemently argued that no direction can be issued to respondent No. 5 to allot students to the petitioner's college, inasmuch as, the written examinations that were held by the respondent no. 5 were only for the Rajasthan University of Veterinary and Animal Sciences, Bikaner and its affiliated colleges. 11. She placed for perusal of the Court a copy of detailed Notification No. 01/2021 dated 15.04.2021 so also the notification dated 15.12.2021 issued for registration of online counselling (first phase of which is already over) and argued that no direction can be issued to respondent No. 5 to include the petitioner's college in the ongoing counselling process. Her stand was that the petitioner being a University, has to conduct its own Competitive Entrance Examination or it can take students from the Veterinary Council of India, which too conducts examination, while relying upon Regulation 7 of the Regulation of 2016, which reads as under: 7. Selection of Students - (1) The selection of students for admission to Bachelor of Veterinary Science and Animal Husbandry Degree Course in Government or Private Colleges shall only be on the basis of merit through a competitive entrance examination conducted by University or State Government or Veterinary Council of India to achieve a uniform evaluation, as there may be variation among students at qualifying examinations conducted by different agencies and reservation policy shall be as per Government of India for Veterinary Council of India seats and for States as per their reservation policy. 12. 12. Having heard learned counsel for the parties and upon perusal of the regulation 7 of the Regulations of 2016, this Court is clearly of the view that as per regulation 7, the admission to Bachelor of Veterinary Science and Animal Husbandry degree course in Government or affiliated college can be given on the basis of the merit through competitive entrance examination conducted by the University or State Government or Veterinary Council of India. 13. Since the petitioner itself is a University and is running a college for conducting B.V.Sc and A.H. degree course, it can and it should conduct its own examination. The respondent No. 5 which has conducted written examination for admission in its own university and affiliated colleges cannot be directed to include the college of the petitioner-university in the process of counselling. 14. But then, this Court cannot be oblivious of the fact that the petitioner-university has not only established requisite infrastructure but also has got all the necessary approval to run the course from this academic year. Conducting examination at this stage would take considerable time and many desirous students would lose an opportunity to study apart from the fact that infrastructure and resources developed by the petitioner would go to waste because till recently, the petitioner's college was affiliated to respondent No. 4 and was getting students from the counselling conducted by the Coordinator. 15. In spite of the specific query State has not come with a clear stand. Neither has the State given its nod to the petitioner to conduct its own written competitive exam nor has it directed the Coordinator to include name of the petitioner's veterinary college in the list of colleges available for admission. 16. Hence as a one time measure, the petitioner-university is permitted to give admission to the students on the basis of the marks obtained or merit position in the written examination conducted by the respondent No. 5, pursuant to the notification dated 15.04.2021. 17. This Court feels that admission on such basis would also ensure minimum standard for the students to be admitted in the course being conducted by the petitioner-university. 18. 17. This Court feels that admission on such basis would also ensure minimum standard for the students to be admitted in the course being conducted by the petitioner-university. 18. Though, the writ petition stands disposed of with the above direction but it will be the responsibility of the Principal Secretary, Animal Husbandry Department to take a considered decision about the admission to be given by the petitioner-university in future (from the academic year 2022-23 onwards) indicating therein clearly as to whether the petitioner-university will be required to hold its own competitive entrance examination or the students will be allotted to the petitioner-university by inclusion of its name in the counselling to be conducted by the Rajasthan University of Veterinary and Animal Husbandry Sciences or its coordinator. The necessary decision be taken as early as possible preferably before 31.05.2022. 19. Needless to observe that the petitioner-university while giving admission in the course shall strictly adhere to the merit on the basis of the marks obtained in the written examination conducted by the respondent No. 5 and ensure that the students are otherwise eligible for the course. 20. The petitioner shall publish notification for admission in newspaper or official website after 24.02.2022 so that process of ongoing counselling being conducted by respondent No. 5 is not disturbed. 21. The writ petition and the stay petition stand disposed of accordingly.