Sandeep Kumar & Ors. vs State of Rajasthan & Ors.

This petition has been filed by the petitioners seeking a direction to the respondents to enroll the petitioners for the three years degree course of B.A./B.Sc. in the academic session 2016-17 and they may be allowed to continue their studies and appear in the examination conducted by the University during the course.

The petitioners claim to have passed their Senior Secondary Examination in the academic session 2015-16 from ''Gramin Mukt Vidhyalayi Shiksha Sansthan, Uttrakhand'' (''GMVSS''). Based on the said qualification, the petitioners were granted admission in B.A./B.Sc. Ist year by the respondent nos. 4 to 6 Colleges, who are affiliated to Maharaja Ganga Singh University. It is claimed that the petitioners started their studies by joining regular classes and submitted their examination forms for the first year examination to the Controller of Examination, Maharaja Ganga Singh University. The Controller of Examination immediately informed the Colleges that Examination/Board from where the students have passed their Senior Secondary Examination does not find mention in the brochure of the Board of Secondary Education, Ajmer and, therefore, on what basis the examination forms have been forwarded should be clarified. Copy thereof was also endorsed to the petitioners. Whereafter, the examination forms forwarded by the Colleges were rejected by the University by its order dated 9/2/2017.

It is submitted by learned counsel for the petitioners that GMVSS is recognized by the State of Uttrakhand and that the Central Government vide its communication dated 12/1/2017 (Annex.5) had informed that the Boards are established by the Central Government under the Legislative orders and, therefore, the Boards are recognized. Further, the Indian Nursing Council has also informed that the Senior Secondary from GMVSS is a recognized course. Along with the petition, a letter dated 11/1/2016 written by the said GMVSS has been produced addressed to the Board of Secondary Education, Rajasthan, Ajmer seeking recognition. It is submitted by counsel for the petitioner that the Senior Secondary Examination conducted by GMVSS is recognized by the State of Uttrakhand and Government of India and, therefore, the petitioners are eligible to be admitted to the three years B.A./B.Sc. course and the respondents in an arbitrary manner have rejected their examination forms.

It is further submitted that at the time when the admissions were given by the respondent Colleges, the petitioners were not informed that the name of GMVSS was not included in the brochure of Rajasthan Board of Secondary Education and as the admissions were given and they have studied, the University was not justified in rejecting their candidature for appearing in the examination and, therefore, the orders passed by the University deserve to be set aside.

I have considered the submissions made by learned counsel for the petitioners and have perused the material available on record.

It is not in dispute that the qualification for admission to B.A/B.Sc. is that a student must have passed his Senior Secondary Examination from a Board, which finds mention in the information brochure issued by the Board of Secondary Education, Rajasthan, Ajmer. Admittedly, at the point of time the admission was given to the petitioners and even till date, the name of said GMVSS does not find mention in the names of recognized Boards. The said aspect is also clear from the communication dated 11/1/2016 issued by the said GMVSS to the Board of Secondary Education, Rajasthan, Ajmer seeking inclusion in the list of recognized Boards.

So far as the fact that the said Board is recognized by the Government of Uttrakhand is concerned, the said fact by itself does not make the petitioners eligible in terms of the eligibility requirements. The submission made about the Board being recognized by the Central Government is based on misreading of the response given by the Human Resources Development Department dated 12/1/2017, wherein, it has been indicated that the said GMVSS has not been established by the said Ministry and, therefore, no information was available with it and, therefore, the said communication is of no avail to the petitioners.

Further the fact that the Indian Nursing Council in its communication dated 3/1/2017, in response to the qualification for nursing courses conducted by Indian Nursing Council, has informed that the Senior Secondary Examination passed from GMVSS is recognized, by itself ipso facto does not make the said students eligible for admission to the course of B.A./B.Sc, whose eligibility is governed by the qualification laid down by the University.

So far as the fact that the petitioners have studied and, therefore, their examination forms etc. should not have been cancelled, suffice it to state that merely because ineligible students have been granted admissions by the respondent nos. 4 to 6 Colleges cannot be a reason for violating the eligibility conditions as pre-published by the University. If on account of alleged wrongful conduct of the colleges, the eligibility requirement laid down by the University is given a go-bye, the same would result in a chaos and, therefore, irrespective of the fact that the petitioners have allegedly studied with respondent nos. 4 to 6 colleges cannot create any right, equity or sympathy in their favour.

In view of the above discussion, the writ petition has no substance and the same is, therefore, dismissed. The petitioners would be free to initiate appropriate action against the respondent nos. 4 to 6 Colleges for granting admissions to them despite their ineligibility in terms of the qualifications laid down by the University.