NAITIK SHARMA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) The facts giving rise to the petition are that after passing the Senior Secondary Examination, the petitioner could not get admitted in Academic Year 2017-18 as a regular student in the Maharaja College, Jaipur in B.Sc. (Mathematics) (hereinafter 'B.Sc.') for reason of his marks at the qualifying Senior Secondary Examination being lesser than the cut off marks for admission to the said course. Despite this set back, the petitioner gathered some hope from the University of Rajasthan's (hereinafter 'University') prospectus for Under Graduate/ Post Graduate studies which inter alia provides that:-

(2.) The petitioner enrolled himself as a non-collegiate student with the University of Rajasthan and took comfort from the fact that he were to pass the B.Sc. Part-I examination as a non- collegiate student with more than 55% marks, he would seek a lateral admission to B.Sc. Part-II against a hopefully vacant seat as a regular student in the Maharaja College, Jaipur. The petitioner then worked hard in B.Sc. Part-I as a non-collegiate student for academic year 2017-18 and appeared in the examination following (3 of 15) [CW-17007/2018] conducted by the University. He passed the said examination with the 65.11% marks in the aggregate.

(3.) Having so passed the B.Sc. Part-I examination, the petitioner downloaded from the official website an application form for admission into B.Sc. Part-II with the Maharaja College as a regular student for the academic year 2018-19, filled it up as required and approached the office of the Principal, Maharaja College a constituent college of the University seeking admission as a regular student in B.Sc. Part-II in terms of the University's prospectus 2018-19 for Under Graduate/ Post Graduate studies. But at the level of clerk itself, the petitioner an aspiring student with a right of consideration conferred by the University's prospectus was not entertained and instead informed that non- collegiate students were not being admitted to the Maharaja College as regular students in any course, as a practice for the past several years. The petitioner undaunted approached the Principal of the Maharaja College, Jaipur immediately submitting that he was eligible for getting admission into B.Sc. Part-II in terms of the University's prospectus of 2018-19 as he was a good student having scored 65.11% marks in the B.Sc. Part-I examination as a non-collegiate student and a vacant seat being available in B.Sc. Part-II at the college. The petitioner reminded the authority concerned that in terms of the University's prospectus of 2018-19 eligible non-collegiate students who passed the B.A./B.Sc. Part-I examination of the University were being admitted to B.A./B.Sc. Part-II at the Maharani College, Jaipur, Commerce College, and Rajasthan College all constituent colleges of the University of Rajasthan and infact advertisement for such admissions has been published on the University's website for admission to Maharani College, Jaipur. The Principal in the circumstances did finally relent on taking a positive view and accepted the application form on 26.06.2018 wherein the petitioner was seeking admission to B.Sc. Part-II on vacant seat as a regular student on the basis of his performance (65.11%) in the B.Sc. Part-I examination as a non-collegiate student.