RAJKUMAR GADPAYLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners in all the aforesaid petitions having passed Entrance Test Examination, 1995 successfully, conducted by the Professional Examination Board of Madhya Pradeh (for short 'Board') for seeking their admission in B.V. Sc. and A.H. 5 years degree course in any of the Colleges of the State of Madhya Pradesh, were denied admission for academic session 1995-96, on the ground that they are not eligible in view of the orders of the State Government, Agriculture Department, No. B-4-46/95/ 14-2dated 8-4-1995 and the order in continuation No. 8-4-46/94/ 14-2 dated 17-8-1995 (Annexure- R. I-A and Annexure- P.8 of W.P. No. 2943/95), as the petitioners do not belong to the category of 'Krishak' having not studied and passed two examinations from rural area out of the Primary, Middle, High School and Higher Secondary School Examination. Hence the petitioners have approached this Court by their separate writ petitions under Arts. 226/ 227 of the Constitution of India for issuance of a writ of mandamus, or any other suitable writ, direction or order commanding the respondents to admit them for pursuing their studies of Five Years Course of B.V. Sc. and A.H.

(2.) Facts in brief are thus. The Board published the Rules for Conduct of the PreEngineering Test, Pre-Medical Test, Pre Agriculture Test Examination 1995 (Annexure- P-1) (for short 'the Rules'). Rule 1 of Chapter I lays down that the Rules relate to only conduct of the examination for admission to various courses, which also give general information relating to eligibilities for admissions, such as Educational qualifications, age, bona fide residence, reservation in various categories, definition or categories, the forms of the certificates which are required to be submitted for the purpose. Rules for admission, called as "Pravesh Niyatti" framed by Director of Technical Education, M.P. State Health and Family Planning Department, Jawahar Lal Nehru Krishi Vishwa Vidhyalaya, Jabalpur and Indira Gandhi Krishi Vishwa Vidhyalaya, Raipur are not yet finalised. On finalisation "Pravesh Niyam" shall be published in "Raogar Aur Nirman" which shall be final. Rule 11 of the Rules speaks that the Rules for conduct of the examinations, shall be applicable on all the candidates who are desireous of seeking admission in professional course of PET, PMT and PAT. A merit list and waiting list of the students who have cleared the Entrance Test Examination for grant of admission shall be prepared in accordance with the Rules and according to merit list the successful students would be admitted on fulfilment of the conditions as laid down in Rule 1.4. Conditions laid down in Rule 1.4 do not lay down any condition that a candidate belonging to the 'Krishak' category shall be entitled to admission only if out of the Primary, Middle and Higher Secondary School Certificate Examinations has at least passed two examinations as a rural student of a school of rural area. Rule 1.7 speaks of horizontal reservation. Rule 1.7.4 defines 'Krishak' (K) means the son/daughter of a bona fide agriculturist, resident of the State of Madhya Pradesh, whose principal/ main livelihood is dependent on agriculture and not from other occupation or service and to that effect a certificate is to be annexed in the format of Form No. 13. Rule 1.9 deals with TEST ADMIT CARD. All the petitioners gave their first choice to the B.V. Sc. and A.H. Course. The Board conducted the examination in May, 1995 of which result was declared in July, 1995. As the petitioners were in the merit list they were issued ADMIT CARD for counselling for admitting the petitioners in B.V. Sc. and A.H. Degree course in the reserved category of 'Kiishak'. At the time of counselling the petitioners were asked to file an affidavit of hving appeared in at least two examinations (Primary, Middle or High School or Higher Secondary School) from an examination centre in the rural area (Annexure- P.8), which the petitioners could not possess, hence the petitioners were denied admission.

(3.) Final Rules for admissions were published in 'Rojgar Aur Nirman' on 6-4-1995. Rules so published do not contain any condition of passing of two examinations from the schools of rural area, by a student, who applied for seeking admission in category of 'Krishak'. However, because of internal communications dated 8-4-1995 and 17-8-1995 issued by the State Government to the Board and Universities and other endorsees to that effect, which was neither published nor made known to such students prior to appearance in Entrance Test Examination or thereafter.