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Writ of Mandamus- directing University Authorities to admit student against vacant seats: High Court of Shimla

The University being directed to admit the students against available vacant seats, by resorting to the method prescribed for providing opportunity to the candidates, by offering available seats in order of merit, irrespective of the fact whether they have been admitted in SFS category. This honorable judgement was passed by High Court of Shimla in the case of Satakshi Sharma Versus CSK Himachal Pradesh Krishi Vishwavidyalaya [CWP No.687 of 2021] by The Hon’ble Mr. Justice Vivek Singh Thakur.

The facts of the case were that after passing her 10+2 examination in March, 2019, has applied for admission in undergraduate courses, i.e. Bachelor in Veterinary Science and Animal Husbandry (BVSc. & A.H.) and Bachelor in Science (Hons.), offered by respondent-University. During hearing, petitioner has confined her claim to admission to the course of B.Sc. (Hons) Agriculture. In the Entrance Test, conducted by the University for assessing the merit of applicants, petitioner had scored 109 marks. University also provided study in these programme through admission against seats offered under Self Financing Scheme on payment of prescribed extra fee in addition to the usual fee. Petitioner did not opt for SFS but applied for admission against General Category wherein last admitted candidate had secured 111 marks whereas in seats filled under SFS last admitted candidate was having marks lower than petitioner. Petitioner, being aggrieved by not permitting to opt for Self-Financing Scheme in Second Round of Counselling Round, has approached this Court with prayer for quashing of the condition as notified in Note-7 of Notice and direction to the University to allow the petitioner to opt for SFS category during Second Round of Counselling Round to be conducted on 8.2.2021 and to offer admission.

The court was of the view that, “when University has planned to cover the loss of studies and classes for the students to be admitted against four self-financing seats available at the time of counselling, the University must be allowed and directed to admit the students against available vacant seats, as on date, in all categories, by resorting to the method prescribed for providing opportunity to the candidates, by offering available seats in order of merit, as per their entitlement, irrespective of the fact whether they have been admitted in SFS category or not.”

The court disposed of the case stating that, “in case a student already admitted in SFS category is entitled to a seat in normal category, the seat to be vacated by him/her shall be offered to the next desirous candidate in merit. Additional vacant seats, which have become available after 8.2.2021, shall also be filled by adopting due process, as applicable, simultaneously. The aforesaid exercise shall be undertaken by the University on or before 6th April, 2021, once for all and no further admission shall be made thereafter. Needless to say, the candidates, who have not opted for SFS seat at the initial stage, at the time of filling form, shall be permitted to exercise such option, if desired so.”

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