1 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.1281/2008 Vijander Singh Bhadu and others Versus Rajasthan Technical University and others DATE OF ORDER --- November 16,2009 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.R.A.Katta, for the petitioners Mr.A.K.Bhargava, for the respondent No.1 Mr.Akhilesh Ghop,for the respondent Balaji Engineering College BY THE COURT (1) By this writ petition, the petitioners are seeking an appropriate writ, order or direction to declare them eligible to appear in the examination of First Semester of M.Tech. (Computer Science and Engineering) Course and also for the subsequent Semester examinations thereof and further allow them to appear in the said examination subsequently, with the further prayer of award of the Degree of M.Tech (Computer Science and Engineering). (2) Briefly stated, the facts of the case are that the petitioners possess qualification of MCA and claim their eligibility as per the procedure for admission to M.Tech. prescribed by the College in 2007 wherein it has been mentioned that if GATE qualified candidates were not available, non GATE qualified candidates could be selected on 2 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others the basis of written test/interview to be conducted by the College. It was also mentioned that the sponsored candidate from the college/ organization without GATE score were also eligible to join the programme. It is further stated that the petitioners have been admitted in M.Tech. on the basis of the aforesaid clause as the GATE candidates were not available. (3) The present writ petition was filed when the petitioners were not allowed to appear in the first Semester examination claiming the aforesaid relief on the ground that non GATE MCA are also eligible for admission in M.Tech. (4) By different interim orders of this Court, the petitioners were allowed to appear in the 1st Semester examination and thereafter, other Semesters examinations and at present, the last part of the examination of 4th Semester is going on. It is also submitted by the petitioners that result of the 1st and 2nd Semester examinations was declared either by mistake or as per the orders of the Court. (5) Counsel for the respondent University stated in its reply and orally also brought to the notice of the Court subsequent development that the interim orders are provisional orders and further, in some of the orders, it has been mentioned that no equity will arise in favour of the petitioners. Against the interim orders, respondent University has filed two appeals – DBSAW No.276/2009 and DBSAW No.1056/2009. In DBSAW No.276/2009, the notices were issued and the same is pending. In DBSAW No.1056/2009, on 06.11.2009, the 3 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others Division Bench has directed to list CWP No.1281/2008 before the concerned Bench as a first case on 16.11.2009 and has expected of this Court to take up the matter for final disposal. In view of the above, the matter was taken up for final disposal. (6) Submission of Mr. Katta is that the University has not communicated any qualification for admission in M.Tech. (Computer Science and Engineering), therefore, apart from the general basic qualification of B.E. and B.Tech. specialization, the College has admitted MCA candidates without GATE score as the computer application is one of the engineering subjects considering the further fact that in other Universities i.e. I.I.T. Roorkee, Guru Gobind Singh Indraprastha University, Delhi, M.N.I.T. Jaipur, Banasthali University, BITS, Ranchi, L.N.Mittal Institute of Technology, Jaipur and Vellore Institute of Technology, Vellore MCA students are allowed admission in M.Tech. The syllabus of the aforesaid Universities are annexed with the rejoinder. (7) Further submission of Mr.Katta is that on 3.6.2008, the College has received a copy of the notification dated 18.1.2008 and by that time, 1st Semester session was about to over and examination was conducted, therefore, the said notification could not be enforced for the session 2007-2008 students. Mr.Katta then submits that neither the petitioners nor the College was guilty of any suppression or misrepresentation of fact, rather at the most, it can be said 4 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others that there was some confusion in the University as to whether the degree possessed of by the petitioners was to be taken as eligibility for admission in M.Tech. (8) Submission of Mr.Bhargava is that the GATE score was the essential qualification even at the time of admission made by the College in the year 2007 and he placed reliance on the document dated 18.1.2008 (Anx.R-2/1). On the strength of the said document, submission of Mr.Bhargava is that the admissions made in the year 2007 are illegal. He further submits that since all the interim orders are subject to the decision of the writ petition and the petitioners do not possess the GATE score as required by the aforesaid notification dated 18.1.2008, therefore, the aforesaid illegality should not be allowed to be perpetuated. Mr.Bhargava further submits that there was no confusion and if there was any confusion, then the respondent ought to have referred the issue to the University and made it clear. (9) I have gone through record of the writ petition and further considered rival submissions of counsel for the parties. (10) Before proceeding further, I would like to quote the admission procedure issued by the College for the year 2007, the letter dated 3.6.2008 produced before the Court, notification dated 18.1.2008 (Anx.R/1-2/1) and 7.2.2008 (Anx.R/1-2/2). The same are as under: Admission procedure for M.Tech for 2007 “Duration: Full time: 4 Semester 5 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others Selection Procedure: Admission to programme of college are open to all Indian National. Admissions will be made strictly in order of Merit of the candidate. The post graduate admission for the year 2007 will be carried out on the basis of result of GATE score in the relevant subjects, programme leading to M.Tech. Degree. The limited number of seats in the programme is 18. Assistantships are given to a GATE qualified candidate by the MHRD. Sponsored Candidates are admitted without MHRD Scholarship, through a written test and an Interview. The selection will be based on GATE score basis if GATE qualified candidates are not available, non GATE qualified candidate can be selected on the basis of written test/Interview to be conducted by the College. Sponsored candidates from Colleges/Organisation without GATE Score are also eligible to join the programme.” (emphasis supplied) Letter dated 3.6.2008 “Rajasthan Technical University, Kota F.(23)3.2/RTU-Exam/2007-08/1616-1622 Dated 03/06/2008 (emphasis supplied) The Principal, M.Tech.Courses (Full time/Part time) Sri Balaji Engg. & Tech. College Benad Road, Near Dadi Ka Phatak, Macheda, Jaipur 302 013. Sub: Admissions of students in M.Tech. Programmes. Sir, I am dircted to again request you to kindly note that admission in M.Tech. Courses of the students may kindly be considered as per University notification No.RTU/F(17) Acad/Gen/2008/28-34 dated 18.1.2008 accordingly which, the University will not consider the case for Enrolment of the student. A copy of such notification is attached herewith for ready reference. (emphasis supplied) Yours faithfully, Encl.As above Sd/- Asstt. Registrar (Exam.) 6 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others Notification dated 18.1.2008 “Rajasthan Technical University, Kota NOTIFICATION RTU/F(17)Acad./Gen/2008/28-34 Dated: 18.1.2008 (emphasis supplied) Admission in all M.Tech courses will be provided only if the candidates have done B.Tech in the same courses of study. In case the studnets seeking admission in M.Tech of specialisation, other than their B.E./B.Tech specialisation, they are required to submit their GATE score of respective M.Tech specialisation. For the candidates seeking admission to M.Tech. with M.Sc./MCA background, are also required to produce the same. (emphasis supplied) All postgraduate program in the Engg. Faculty should commence after due approval from the RTU & not in anticipation of such approval. Contrary to this decision will result in not granting the affiliation in any case. This may supersede the decision taken by a Committee which was issued (after modification) by the letter of Oct.26,2007. Sd/- Director (Academics)” Letter dated 7.2.2008(Anx.R-1/-2/2 Details of M.Tech.students disallowed Feb.2008 Examination From: Rajasthan Technical University Kota <examrtu@gmail.com> To: “Shri Balaji College of Engg. & Tech.”<admin@sbss.ac.in> Subject: Details of M.Tech Students disallowed from Feb.2008 Examination Mailed by: gmail.com To The Principal/Director Sub: Details of M.Tech. Students disallowed from Feb.2008 Examination. Regarding the M.Tech.examinations scheduled to commence from Feb.12,2008 please find the details of students of your college who will not be allowed to appear in the examination. Reason is also described in front of the name of the concerned student. (emphasis supplied) COLLEGE WISE DETAILS OF ADMISSION CARD WITHHELD REASON MENTIONED AGINST THEIR NAME 7 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others S.No. Name of College & Students Name with Course Specialisation REMARK (Reason) SRI BALAJI COLLEGE, JAIPUR Comp.Sc.& Engg. 1 AMIT SHARMA MCA 2 ANJANA MCA 3 VIJENDRA SINGH MCA ECE: Digital Comm.System 4 RANVEER Enrl.Form not recd. 5 RUDRA PRASHANNA Semester Mark Sheet N/A (I to VI) 6 TINA Enrl.Form not recd. The students seeking admission in Electrical Engineering Specialisation Power System with degree in EC & EIC shall be required to produce a certificate of proficiency in the following additional subjects from the Principal of the College before he is allowed to go to the III Semester class: 1) Electrical Machines 2) Electrical Power System For each theory paper for which the candidate is required to produce a certificate of proficiency, he will be required to attend two hours per week of instruction. This is for your information please. For Examination Section Rajasthan Tech.University” (11) Although this Court, while passing some of the interim orders, has specifically mentioned that no equity will arise in favour of the petitioners but still the question remains whether the University was required to examine the eligibility at the initial stage of admission or at the time of enrolment. In this case, on 3.6.2008, the University has sent a copy of the notification dated 18.1.2008 to the College which the College could have enforced only from the session 2008-2009 and on 8 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others 7.2.2008 (vide Annexure R-1/2-2), the University has refused to enrol the petitioners who were admitted in 2007. (12) Usually, the eligibility for admission is prescribed under the Ordinance/Regulations made by the University but the Rajasthan Technical University Act,2006 came into force w.e.f. 31.12.2005 and no Ordinance/Regulation has been framed prescribing eligibility for admission in M.Tech. Courses. Still, it is open to the University to prescribe the eligibility before the admission process is started but in the instant case, the notification dated 18.1.2008 communicated to the College on 3.6.2008 has been made applicable to the students of the year 2007. At the same time, it is also well settled that the Court should be slow in prescribing the eligibility for admission and the matter is required to be decided by the University. (13) On careful consideration of the aforesaid facts and circumstances of this case, I am of the view that the issue of eligibility for admission in M.Tech.Courses is required to be considered sympathetically by an expert body of the University for the academic session 2007, and while taking decision, the expert body shall specifically consider the following facts and circumstances: – In the year 2007, when the admission process was going on, the eligibility of GATE score was not prescribed by the University and in the procedure prescribed by the College, it was notified that if GATE qualified candidates were not available, non GATE qualified candidates could be selected 9 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others on the basis of written test/interview to be conducted by the College. The sponsored candidates from the College/Organisation without GATE score are also eligibel to join the programme. – In the identical situation for admission in M.Tech.(Computer Science and Engineering),MCA without GATE score has been made eligible in the various engineering institutions/Universities viz., I.I.T. Roorkee, Guru Gobind Singh Indraprastha University, Delhi, M.N.I.T. Jaipur, Banasthali University, BITS, Ranchi, L.N.Mittal Institute of Technology, Jaipur and Vellore Institute of Technology, Vellore, which clearly reveal that the GATE score is not the essential qualification for MCA prescribed by the All India Council for Technical Education for admission in M.Tech. – There was no misrepresentation and fraud on the part of the petitioners. They relied on the advertisement. – On 18.1.2008, the eligibility was notified and the MCA candidates without GATE score were declared ineligible and the same was communicated to the College on 3.6.2008 when the academic session 2008-2009 was about to start. (14) In view of the aforesaid peculiar facts and circumstances of the case, on the issue of eligibility for admission in M.Tech Courses for the year 2007, the University is directed to constitute an expert committee and the said issue of eligibility deserves to be sympathetically considered by the aforesaid 10 CWP No.1281/2008 Vijander Singh Bhadu & ors. Versus Raj.Technical University & others expert committee so that the precious three years of the petitioners may not be wasted without there being any fault on their part and the decision of the expert committee in case taken in favour of the petitioners, then the same shall not be a precedent and the future admissions shall be governed by the notification dated 18.1.2008 or any other subsequent notification issued in this behalf. (15) Accordingly, the writ petition is disposed of in the manner that the Expert Committee shall decide the issue of eligibility for admission in M.Tech. Courses, for the year 2007, of the petitioners as well as issue of declaration of the result by a speaking order, within a period of one month from today, in the light of the aforesaid observations. It is also made clear that the petitioners will be allowed to complete the last part of the 4th Semester of M.Tech. Examination and further, the petitioners would also be at liberty to submit fresh representation to the University. (Prem Shanker Asopa) J. गोpa ल