R. K. UNIVERSITY Vs. ANAND AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) On similar set of facts, as common issues arise for consideration, this group of matters are being disposed of by this common judgment. When the Letters Patent Appeals came up for hearing wherein interim orders passed by the learned Single Judges were assailed, in view of the request made by the learned Counsel appearing on both sides, Special Civil Applications were called for and heard together. For the purpose of disposal, we treat the petition in Special Civil Application No.15065 of 2018 as a lead matter.

(2.) The petition in Special Civil Application is filed with the prayers which read as under:-

(3.) The 1st petitioner is a Private University established under the provisions of the Gujarat Private Universities Act, 2009 ("the GPU Act" for short), having the status of non-affiliating University. All the Colleges run by the 1st petitioner - University are constituent Colleges. Respondents No.1 to 4 are Agricultural Universities incorporated as teaching and affiliating Universities for imparting education in Agriculture and Allied Sciences in the State of Gujarat. The 1st petitioner University has started a new course in Agriculture leading to educational qualification of B.Tech (Agriculture Engineering) from the academic year 2014-15. It is the case of the 1st petitioner that as per the provisions of the All India Council of Technical Education Act, 1987, it is not mandatory for any University to obtain prior permission of All India Council for Technical Education ("AICTE") to run such course. Further, it is the case of the 1st petitioner University that its students in Agriculture Engineering are eligible for admission into post-graduate course in Agriculture Engineering conducted by any Institute affiliated to any University established under the law, including the respondent - Universities. For the purpose of admissions to post-graduate course in the respondent - Universities, a Common Entrance Test is being conducted. Petitioners No.2 to 5, who have completed their graduation in the academic year 2017-18 in Agricultural Engineering, applied on the designated portal of the respondent - Universities for participating in the common admission process for post-graduate programme in Agricultural Engineering offered by the respondent - Universities. Their applications came to be rejected with the remark "Degree from other than SAU". It is stated in the petition that the eligibility criteria for common admission to post-graduate courses has been notified by the respondents as under:-