- (1.) Petitioner challenges the order dated 21.07.2015 (Annexure P/14) passed by respondent No.2-The Controller of Examinations, Guru Ravi Das Ayurved University, Jodhamal Road, Hoshirapur (Punjab). Vide said order, the respondent has cancelled the provisional admission granted to the course of Bachelor of Ayurvedic Medicine Course (in short- BAMC) on the ground that the petitioner had done 10+2 from the Rural Institute of Open Schooling, Laxmi Nagar, Delhi (in short-RIOS) and the same was not included in the approved list of Council of Boards of School Education (in short 'COBSE'). Accordingly, RIOS was held to be a registered society as per letter dated 18.04.2013 and having not been established by an Act of Central/State Government. It was held not to be recognized Board. Pleaded case of the petitioner is that he had passed his Intermediate Certificate which equivalent to 10+2 in October-November, 2013 under Roll No.12000266 from RIOS which was affiliated with the Chhattisgarh State Open School (in short - CGSOS), Raipur. It was alleged that the same was established under the State Legislative Act and it was a Member of Council of Boards of School Education in India (COBSE). Accordingly, it was pleaded that on the relevant date, RIOS was affiliated with CGSOS. The petitioner appeared, and qualified 10+2 examinations in October-November, 2013. The respondent-University which conducted examinations in all Ayurvedic colleges in the State, had processed the case of the petitioner for admission under the NRI category. Petitioner had taken admission in the BAMS course with respondent No.3-College-Shiv Shakti Ayurved Medicine Mansa. He had deposited Rs.2,40,000/- on 27.11.2014 and Rs.5,000/- towards university registration fee and thereafter another sum of Rs.13,000/- was deposited on 09.01.2015 (Annexures P/3 to P/5).
(2.) The CGSOS had issued a notification notifying the equivalence of ROIS along with establishment of academic centres and conduct and declaration of examinations and the results by the RIOS. The certificates of equivalence were given by COBSE. The affiliation was cancelled by CGSOS for some time as per order 22.4.2013 (Annexure P/7). The name of RIOS appeared at Sr.No.14(a) below CGSOS, Raipur in the list of Member Boards/Council as per website of COBSE (Annexure P/6). The certificates issued by RIOS had been declared valid for employment and valid for pursuing higher studies as per COBSE. The membership of ROIS was revived by order dated 24.09.2013 (Annexure P-10/B). On account of show cause notice dated 28.04.2015 (Annexure R-1/3) having been issued, the Director of RIOS vide its communication dated 13.05.2015 (Annexure P/11) had intimated to respondent-University that it was a registered body with the Govt. of NCT, Delhi and had been granted membership of COBSE. In spite of that admission of the petitioner was cancelled on 27.05.2015 (Annexure P/12) on the ground that he had not passed 10+2 from the National Institute of Open Schooling (NIOS). The petitioner, thereafter, approached this Court in CWP-12882-2015 which was disposed on 09.07.2015 (Annexure P/13) that the respondent No.2 would take a decision therein within two weeks after production of documents by the petitioner. Thereafter, the impugned order was passed on 21.07.2015 (Annexure P/14) which is a subject matter of challenge.
(3.) In the written statement filed by the respondent-University, stand taken is that admission was made on the basis of the Entrance Test named as Punjab Ayush Entrance Test (in short -PAET). As per the eligibility criteria of notification dated 12.05.2011, the candidate had to pass 10+2 with Physics, Chemistry, Biology & English or its equivalent examination, from a recognized Institution/University before the time of counselling. Petitioner had been provisionally admitted in the BAMS course in 2014-15 with respondent No.3-college during counselling at college level. During checking of original documents, it came to the notice that he had passed his Intermediate Certificate Examinations from RIOS. The same did not exist in the approved list of Member Boards/Councils of COBSE (Annexue R-1/2). The certificate issued could not be treated as valid and equivalent to 10+2. A show-cause notice had been issued to the petitioner and he had been called for personal hearing but he did not report. Subsequent show-cause notice dated 15.05.2015 was issued and he had appeared on 20.05.2015 and thereafter earlier order dated 27.5.2015 had been passed. As per order dated 09.07.2015, a fresh decision was to be taken. The RIOS not being on the list of recognized boards as per the list of recognized boards of National Institute of Open Schooling (NIOS) was a basis for the cancellation of admission. The reference was made to the list of non-recognized Boards/Universities not considered for admission by NIOS (Annexure R-1/8). Reference has also been made to the list of recognized Universities/Boards/Bodies etc. by Kurukshetra University as equivalent to, 10+2 (Annexue R-1/9) to submit that RIOS does not exist in the list. Similar reference has also been made to the list of recognised board by the GNDU University which also did not show existence of RIOS (Annexue R-1/10). As per website of COBSE also (Annexue R- 1/11), the RIOS did not figure in the list. Reference was also made to public notice (Annexue R-1/12) established by the NIOS wherein public had been put to notice that RIOS was not linked with the NIOS and the same was not responsible for any excess payment towards admission. It had been notified that learners are being cheated by overcharging, illegitimate fees through un-authorized agencies/Coaching Institutes and the said notice also mentioned the name of three institutes including RIOS.;