Ramveer Singh Gurjar vs University Of Rajasthan And Ors

The petitioner has filed the present writ petition assailing the action of respondent University of Rajasthan denying him to be enrolled with the respondent University of Rajasthan despite his passing PTET examination and allotment of the College affiliated to the respondent University of Rajasthan.

The respondent University has filed the reply and submitted that the petitioner did his Graduation from the private OPJS University, Churu, which qualification is not recognized by the respondent University of Rajasthan and therefore, the petitioner cannot be enrolled with the University of Rajasthan. No other ground has taken in the reply and additional affidavit has also been filed referring to regulation 44D and 44F of the University of Regulation to submit that the University namely OPJAS University is not included in the booklet published by the University of Rajasthan as recognized University.

Rejoinder to the reply has been filed along with the same document has been filed of University of Grants Commission, wherein names of Universities recognized by the UGC, have been mentioned and name of OPJS University, Rawatsar, Kunjila, Tehsil Rajgarh, District Churu, has been mentioned at serial no.618 of the list and thus stands recognized by UGC with effect from 16.6.2013 itself. In view of above, the learned counsel appearing for the petitioner submits that the University of Rajasthan cannot be allowed to deprive the petitioner from enrollment.

In 1982 SCR (3) 444 "Dr. B.L. Asawa vs State Of Rajasthan & Ors on 5 March, 1982" the Apex Court has held that the qualification awarded by another recognized university has to be considered as equivalent to any other qualifications recognized by another university provided the university has been duly recognized by UGC. It is noticed that the qualification of graduation acquired by the petitioner is from the university duly recognized by UGC. Thus, the counsel for University of Rajasthan cannot be allowed to contend that the OPJS University is not recognized so as the qualification acquired by the petitioner from that University and it cannot be allowed to to act contrary to their own regulations depriving the students pursuing their studies from the college affiliated with the University of Rajasthan. It is noticed that the petitioner had appeared in PTET and thereafter, on the basis of his merit, he was allotted the college which is under the affiliation of the University of Rajasthan. In view of above, there was no occasion for the University of Rajasthan not to allow petitioner to be enrolled with it.

Accordingly, this writ petition is allowed. The University is directed to immediately issue enrollment number to the petitioner. It is informed that examination for first year of B.ED are scheduled to be held nearly and he be allowed to appear therein.

Counsel appearing for the University submits that the petitioner' attendance has not been sent by College and therefore it is not possible for him to be allowed allowed to appear in said examination.

This court directs the respondent no.3 College to send the attendance of the petitioner to the respondent no.1 University and if it is found that he has requisite attendance, the respondent no.1 University shall immediately issue him enrollment number and ensure his appearance in the first year of the B.Ed. examination scheduled to commence from tomorrow.

Considering that the examinations are going to commence from tomorrow, necessary action be taken by the respondent no.1 University in the course of the day.