P.P.NAOLEKAR, J. - (1.) IN this writ petition, the petitioner has sought direction of the Court for his admission to the post - graduate course of M.Sc. (Agriculture) in the Rajasthan Agricultural University, Bikaner. Respondent No. 3 Controller of Examinations, Rajasthan Agricultural University, Bikaner conducted Post -Graduate Entrance Examinations for various courses. The petitioner appeared at the Entrance Examination and was declared passed: he ranked 44th in the order of merit and was placed in the wait list of general category in the Faculty of Agriculture. The petitioner was called for interview for admission at the College of Agriculture, Beachwal (Bikaner) on 18.7.96 at 10 A.M. alongwith his credentials. The petitioner reported before the authorities, but admission was turned down on the ground that he was awarded supplementary in the B.Sc. Agricultural examinations.
(2.) IT is the case of the petitioner that he has informed the authorities concerned that he has applied for revaluation and, therefore, he be given provisional admission to the post -graduate course applied for. The petitioner has alleged that respondent No. 3 Controller of Examinations, Rajasthan Agricultural University, Bikaner assured his orally that as soon as the marks sheet of revaluation is published and, if there is improvement of marks in the papers in which he was awarded supplementary, and he is declared passed his candidature will be considered as he already stands in the wait list. Thereafter, in the revaluation the petitioner has improved his marks and new marks sheet was given to him on 2.9.96. the petitioner was declared passed in first division. Thereafter, the petitioner again approached respondent No. 2 the Vice Chancellor and submitted application requesting for admission to the P.G. Course. The respondents have issued general guidelines regarding total number of vacancies and devolution of seats in the various categories. 162 seats are allocated for the Faculty of Agriculture. The petitioner was declared passed in the Entrance Examination and selected for admission to the post -graduate course. He was called for interview. However, he was not given admission to the post graduate course as on the date of interview i.e. 18.7.96 he was not possessed of the requisite qualification because supplementary had been awarded to him in the papers. Thus, the petitioner's case is that even after securing first division, he has not been given admission. According to him, persons lower in merit have been given admission and, therefore, he has been discriminately treated.
(3.) THE respondents filed return and the ground for denial of admission to the petitioner as specifically mentioned in the return is, that an F.I.R. has been filed against the petitioner on 15.7.96 at Police Station Jamsar (Bikaner) by Shri B.L. Naval, Kul Sachiv, Krishi Vishwavidhyalaya, Bikaner for offences under Sections 147, 452, 432 and 353 I.P.C. and the conduct of the petitioner is under investigation by the police. A candidate against whom F.I.R. is lodged by the University shall not be eligible for admission as a regular candidate under the guidelines issued by the University. Thus, at the time of granting admission. F.I.R was lodged against the petitioner by the University authority and, therefore, he was not eligible for admission to M.Sc (Agriculture) Course. Secondly, it has been alleged in the return, a candidate seeking admission to the M.Sc. (Agriculture) Course is required to be possessed of the minimum eligibility qualification of having passed B.Sc. (Agriculture) Degree Examination of the Rajasthan Agricultural University, Bikaner or an examination declared equivalent thereto, with a prescribed percentage of marks. On the date of admission, the petitioner was not qualified as he had not passed B.Sc. (Agriculture) Degree Examination; subsequent passing of the examination by the petitioner either by virtue of revaluation or through supplementary examination cannot clothe him with a right to get admission because it will be passing the examination subsequent to the last date fixed for admission to M.Sc. (Agriculture) Course. The petitioner could not produce any proof of passing the qualifying examination on the date he was called for interview. The submission of application for revaluation does not make the petitioner eligible to take admission. It has been alleged, in the alternative, that the University has decided not to grant admission after the finalisation of admissions and admissions were finalised by respondent No. 3 in the third week of July, 1996; and the course has already commenced with effect from 26.7.96. Therefore, it is not possible to grant admission to the petitioner.;