Disposed

Sri. Pruthviraj Chavan S/O Dr. Raju Chavan v. the State of Karnataka

Karnataka HC29 Aug 2024WP/103709/2024

Case brief

AI extract

What is this about?

Writ petition challenging the cancellation of a student's admission to a Forestry course for violating rules on multiple admissions. The court modified the cancellation order to permit the student in the fourth semester to continue the course while rejecting the admission legal standing.

What did the court decide?

Impugned order cancelled admission modified to permit petitioner to continue the course for completed semesters.

Sri. Pruthviraj Chavan S/O Dr. Raju Chavan Vs the… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC-D:12384 WP No. 103709 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.103709 OF 2024 (EDN-AD)

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BETWEEN:

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SRI PRUTHVIRAJ CHAVAN S/O. DR. RAJU CHAVAN, AGED ABOUT 21 YEARS, OCC: II B.SC., (HONS), FORESTRY DEGREE STUDENT, COLLEGE OF FORESTRY, SIRSI, UTTARA KANNADA – 581 401.

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…PETITIONER

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(BY SRI T.M.NADAF AND SMT. GAYATRI S. R., ADVOCATES)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY DEPARTMENT OF AGRICULTURE, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU – 560 001.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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THE DIRECTOR OF EDUCATION, UNIVERSITY OF AGRICULTURAL SCIENCES, BENGALURU AND CHAIRMAN, OPEN COUNSELING ADMISSION COMMITTEE, EDUCATION DIRECTORATE, GANDHI AGRICULTURAL, SCIENCE CENTER, BENGALURU – 560 005.

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THE REGISTRAR, UNIVERSITY OF AGRICULTURAL SCIENCES, DHARWAD – 580 05.

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THE DEAN (AGRICULTURE), COLLEGE OF FORESTRY, SIRSI,

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NC: 2024:KHC-D:12384 WP No. 103709 of 2024

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UTTARA KANNADA – 581 401.

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THE REGISTRAR, KELADI SHIVAPPA NAYAK, UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, SAVALANGA ROAD, SHIVAMOGGA – 577 412.

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…RESPONDENTS

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(BY SRI P.N.HATTI, HCGP FOR R1; SRI P.V.GUNJAL, ADV. FOR R2; SRI RAMACHANDRA A. MALI, ADV. FOR R3 & R4; NOTICE TO R5 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO. KRA.VV/SHINI,2024-25 DATED 07.05.2024 ISSUED BY RESPONDENT NO.2 CANCELLING THE ADMISSION OF PETITIONER FOR THE ACADEMIC YEAR 2022-23 TO B.SC.(HONS) FORESTRY AT COLLEGE OF FORESTRY, SIRSI, VIDE ANNEXURE-S AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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Challenging order dated 07.05.2024 passed by respondent no.2 canceling admission of petitioner to B.Sc. (Hon’s) Forestry at College of Forestry, Sirsi, for academic year 2022-23 as per Annexure-S, this writ petition is filed.

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Sri T.M.Nadaf, learned counsel for petitioner submitted, petitioner had completed his SSLC (CBSE) from Kendriya Vidyalaya and Pre-University from Prism P.U.College,

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3 - NC: 2024:KHC-D:12384 WP No. 103709 of 2024

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Dharwad as per Annexures-B & B1 respectively. Thereafter, he intended to study B.Sc. (Hon’s) in Forestry. He filed application and appeared in All India Entrance Examination for Admission (UG), 2022, conducted by Indian Counsel of Agricultural Research and Karnataka Common Entrance Test. In said exam, petitioner secured ‘7946’ rank under GM and ‘462’ under SC category. Under allotment-cum-admission letter dated 30.01.2023 at Annexure-F, petitioner was allotted to Iruvakki Campus, Shivamogga. But, petitioner wanted upgradation of college and waited till last round of counseling, unsuccessfully. Thereafter, petitioner entertained doubt about accreditation of College at Iruvakki.

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In meanwhile, University of Agricultural Sciences, Bengaluru, called for applications from interested candidates for filling up vacant seats left out in ICAR quota. Same was not open to candidates, who had already taken admission in any other colleges, earlier. It was submitted, though, petitioner applied in pursuance of same, he had disclosed about taking admission at Iruvakki. After succeeding in getting allotment to College of Forestry at Sirsi, he paid and pursuing Course.

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NC: 2024:KHC-D:12384 WP No. 103709 of 2024

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On 04.05.2023, he was issued notice for

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cancellation of admission on ground that it was in violation of condition no.7 namely, suppression of earlier admission at Iruvakki campus. Petitioner submitted reply. He also noticed, there were several other instances. In meanwhile, petitioner got his admission at Iruvakki campus cancelled as per Annexures-R & R1. But, to his shock, respondent passed impugned order canceling petitioner’s admission, without even providing opportunity of hearing to petitioner. On said ground, sought for allowing petition.

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On other hand, Sri P.N.Hatti, learned HCGP for respondent no.1, Sri P.V.Gunjal, learned counsel for respondent no.2 and Sri Ramachandra A. Mali, learned counsel for respondents no.3 and 4 sought to oppose petition. Respondent no.5 is served and unrepresented.

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Sri P.V.Gunjal, learned counsel would submit that Notification inviting applications for vacant seats was very clear in prohibiting applications from those candidates, who had already obtained admission in any other colleges under Agricultural University. Such being case, petitioner’s admission to College of Forestry at Sirsi would be in violation and

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5 - NC: 2024:KHC-D:12384 WP No. 103709 of 2024

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therefore, cancellation of admission by respondent no.2 was fully justified. On above ground, sought for dismissal of petition.

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Heard learned counsel and perused writ petition record.

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From above, it is seen, petitioner is challenging order dated 07.05.2024 canceling his admission. As per interim order dated 02.07.2024, he was continuing course. It was submitted, total duration of course was four years. Thus, from 2022-23, petitioner has completed four semesters of course. Though petitioner claimed that he had disclosed about his earlier application at time of filing application, same is not substantiated with any material. Therefore, prima facie, respondent no.2 would be justified in taking action for cancellation of admission.

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But, notice of cancellation of admission was issued to petitioner only on 28.04.2023 at Annexure-M. By said time, petitioner was in first semester. Thereafter, petitioner submitted reply. By time, impugned order at Annexure-S was passed, petitioner was in fourth semester. Hon’ble Supreme

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NC: 2024:KHC-D:12384 WP No. 103709 of 2024

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Court in case of R. Vishwanatha Pillai v. State of Kerala reported in (2004) 2 SCC 105 has held where cancellation of admission would be wasteful, some relief could be granted even while clarifying legal position.

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Admittedly, even if petitioner’s admission is cancelled, respondent would not be able to fill seat. Thus, seat would go waste. Considering facts and circumstances and taking note of decision of Hon’ble Supreme Court, it would be appropriate to modify impugned endorsement/order to extent of permitting petitioner to continue course, while maintaining stand of respondent that admission secured by suppressing earlier admission in another college would be justified. Consequently, writ petition stands disposed of.

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It is clarified that order passed is in peculiar facts and circumstances of this case and cannot be treated as precedent for any other matter.

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Sd/(RAVI V.HOSMANI) JUDGE

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AV CT-ASC

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List No.: 1 Sl No.: 54

Sri. Pruthviraj Chavan S/O Dr. Raju Chavan v. the State of Karnataka

Case brief

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Sri. Pruthviraj Chavan S/O Dr. Raju Chavan v. the State of Karnataka

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