Krishan Kumar v. Indian Council Of Agricultural Research & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6292/2015 KRISHAN KUMAR ..... Petitioner Through :

Mr Ashish Bhardwaj and Mr Prakhar Bhatnagar, Advocate.

versus INDIAN COUNCIL OF AGRICULTURAL RESEARCH & ORS ..... Respondents Through :

Ms Pratishth Kaushal for Mr Rajeev Sharma, Advocate for R-1.

Mr Rajesh Kumar, Mr Pradeep Jha and Mr Santwana, Advocates for R-2.

Mr Sanjay Kumar Tyagi, Advocate for R-3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 07.11.2016 W.P.(C) 6292/2015 & CM No.34558/2016(direction) The petitioner, in the present petition, has sought a direction to the respondent No.1, i.e. Indian Council of Agricultural Research (ICAR) to permit the petitioner to attend counselling and for being allotted a College.

By order dated 27.08.2015, this Court had directed the respondent No.1 to regularize the admission provisionally granted to one Mr. Praveen Pilaniya.

The Supreme Court by order dated 12.08.2016 in SLP (Civil) Nos.13465-66/2018 titled Rahul Choudhary Etc. versus ICAR &

Others disposed of the said petitions directing that order passed in SLP (Civil) No.5537/2014 titled Vikas Verma versus Rajasthan University of Cet. & An.Sc. & Ors.would be applicable to the petitioner as well. The order of the Supreme Court in Vikas Verma (supra) reads as under:- "Though many an issue was raised by the petitioner in course of hearing, he restricted to a singular prayer, that is, as he has appeared in the university examination conducted by the first respondent and become successful, his degree should be accepted inasmuch as he had taken admission in Aravali Veterinary College, Sikar, respondent no. 3 herein, when the college was recognised by the VCI.

There is no cavil over the fact that there was a conditional recognition for one year at the time of admission of the present petitioner.

Thus, the admission was valid.

The prayer for migration to the other college has been negative by the High Court. We have been apprised that the writ petition preferred by the College is pending before the High Court of Rajasthan. Regard being had to the same, we do not intend to express any opinion in that regard.

However, we are of the view that the students who had taken admission keeping in view the conditional recommendation granted by the VCI and in view of the judgment passed in Apollo College of Veterinary Medicine vs. Rajasthan State Veterinary Council & Ors.

[(2015) 2 SCC 291)], we direct that the degrees obtained by the petitioner shall be treated as valid for all purposes. We may hasten to add that our treating the degree of the petitioner as valid for all purposes would not extend any kind of enquiry in respect of the college, the third respondent herein."

The petitioner, by the present application, seeks a direction to the respondent No.1 to implement the order dated 12.08.2016 passed by the Supreme Court in Rahul Chaudhary (supra) and to regularize the petitioner's provisional admission, which admission was granted by order dated 03.07.2015.

Learned counsel appearing for the respondents submit, on instructions, that the said order of the Supreme Court would be implemented qua the petitioner and consequential orders shall be passed.

In view of the above, the writ petition is disposed of directing respondent No.1 to implement the order of the Supreme Court within two weeks and thereafter, the other respondents shall pass consequential orders within a period of four weeks. Due intimation be given to the petitioner of the orders passed. CM Nos.11454/2015 (interim relief)& CM No.5770/2016 (modification of order dt. 03.07.2015), 5195/2016 (impleadment), 5769/2016 (impleadment), 14566/2015 (interim relief) Learned counsel for the petitioner - applicant submits that these applications have become infructuous. The same are disposed of as such.

The date of 29.11.2016, which is already fixed, stands cancelled.

SANJEEV SACHDEVA, J NOVEMBER 07, 2016/'sn'