LAWS(MANIP)-2016-5-14

YUNGKHAM KANTA ROY Vs. STATE OF MANIPUR; DIRECTOR, AGRICULTURE, MANIPUR; DEPUTY DIRECTOR GENERAL (AGRICULTURAL EDUCATION), INDIAN COUNCIL OF AGRICULTURAL RESEARCH; KARISHMA YUMNAM, CHANGANGEI MAKHA LEIKAI; MUKTA, RESIDENT OF KEINOU THONGTHAK; RANJITA SORAM; MALEMNGANBA S ; AKRA

Decided On May 20, 2016
Yungkham Kanta Roy Appellant
V/S
State Of Manipur; Director, Agriculture, Manipur; Deputy Director General (Agricultural Education), Indian Council Of Agricultural Research; Karishma Yumnam, Changangei Makha Leikai; Mukta, Resident Of Keinou Thongthak; Ranjita Soram; Malemnganba S ; Akra Respondents

JUDGEMENT

(1.) Heard Shri M. Devananda, learned counsel appearing for the petitioner; Shri Y. Nirmolchand, learned counsel appearing for the respondent No. 2 and Shri Y. Ashang, learned Government Advocate appearing for the respondent No. 1. None appears on behalf of the respondent Nos. 3 and 4 to 10.

(2.) The subject matter in issue relates to the validity and correctness of the order dated 30-06-2015 issued by the State Government by which the private respondents have been selected for admission to the B.Sc.(Agri.), B.Tech. (Agri. Engg.), B.Tech. & (Food Technology), B.Sc. (Home Science) and B.Sc. (Nutrition and Dietetics) Courses 2015-2016 (hereinafter referred to as B.Sc. (Agri.) and Allied Degree Courses) in various Agricultural Colleges and the same is being challenged by the petitioner who is the father of one of the candidates by way of the present writ petition.

(3.) Admittedly, certain seats for admission to B.Sc. (Agri.) and Allied Degree Courses under different categories are allocated to the State of Manipur by the Central Agricultural University, Iroisemba, Imphal for which the State Government had been conducting an Entrance Examination for some years for selection of students for admission to B.Sc. (Agri.) and Allied Degree Courses by selecting bonafide students. The said Entrance Examination was conducted by the Department of Agriculture, Government of Manipur in terms of the provisions of Manipur Agricultural & Allied Courses (Selection of Candidates for Nomination) Amendment Rules, 1999 (herein after referred to as "Rules"). Rule 2(4) defines the words "Agricultural and Allied Courses" as Courses in B.Sc. (Agri.), B.Sc. (Horticulture), B.Tech. (Agricultural Engineering, B.Sc. (Home Science) and other branch of Agricultural Courses leading to the award of Degree. Rule 7 of the said Rules provides for eligibility and qualification required for purpose of appearing in the said Common Entrance Examination. Rule 7(1)(iii)(c) which is relevant for the issue involved herein, provides as under:-