Rahul Arya And Others vs Rajmata Vijaya Raje Scindia Krishi Vishwa Vidhyalaya And Others

The instant bunch of writ petitions comprising of W.P.22281/19, W.P.22692/19, W.P.23336/19 W.P.23330/19 W.P.23216/19& W.P.23226/19 involve common question of law and are attended with more or less similar factual matrix and thus have been heard analogously and are decided by this common order.

Learned counsel for the rival parties are heard.

Before adverting to the factual scenario it would be apt to deal with questions involved herein which are to the following effect:-

(a) Whether for admission to Postgraduation course of M.Sc. (Agriculture) or for Ph.D. (Agriculture), the essential qualification of passing B.Sc.(Agriculture)/M.Sc. (Agriculture) is from College/University which is accredited by the Indian Council of Agriculture Research (for brevity ICAR) or not ?.

(b) Whether the College and as well as University from which candidate has possessed B.Sc. (Agriculture)/ M.Sc. (Agriculture) degree are required to be accredited or whether the accreditation for College or University alone would suffice the essential qualification for admission to M.Sc. (Agriculture)/Ph.D (Agriculture) course ?.

It is undisputed that the concept of accreditation is to ensure that the institute, whether College or University, satisfies the basic minimum norms of quality of education in the field of Agriculture prescribed by the ICAR. The requirement of institute (College/University) having an accreditation certificate is introduced recently. The courses involving herein are Ph.D. (Agriculture)/ M.Sc. (Agriculture) which as prerequisite require post-graduation/ graduation degree in Agriculture, from College/University having accreditation from ICAR.

After having gone through the record and having heard learned counsel for the rival parties including the counsel for the University and the ICAR, it is evident as daylight that concept of accreditation is distinct from affiliation or recognition. ICAR is a registered Society but not a statutory body has been inter alia constituted to prescribe certain minimum standards of education in the field of Agriculture so that courses being run by different Colleges and Universities in the field of Agriculture maintain the required minimum standards. Thus, the introduction of requirement of M.Sc./B.Sc. degree having obtained from College/University which has accreditation certificate is not only reasonable but also essential. This answers the first question.

5.1 For dealing with the second question, it would be appropriate to reproduce the eligibility requirement for admission to M.Sc. (Agriculture) & Ph.D (Agriculture) course which is reproduced below for ready reference and convenience:-

Eligibility requirements

"6.1 xxxx xxxx xxxx xxxx

6.2 Qualifying Examination:Candidate passed (or due to appear) in the final examination of his/her Bachelor degree in the concerned field under 10+2+4 year degree programmes as per syllabus approved by IV Deans committee of ICAR and his/her college should be affiliated with SAU's/CAU's under NARS. For private university/college, it should be accredited by ICAR with the condition of production of a documentary proof of this effect at the time of document verification.

6.3 Candidate passed (or due to appear) in the final examination of his/her Master degree in concerned field as per syllabus approved by IV Deans committee of ICAR and his/her college shall be affiliated with SAU's/CAU's under NARS. For private university/college , it should be accredited by ICAR with the condition of production of a documentary proof of this effect at the time of document verification. "

5.2 Bare perusal of clause 6.2 reveals that in case a College or the University from which bachelor or Postgraduate degree in Agriculture is earned, is a govt. University/College then the College is required to be affiliated with SAU/CAU under NARS.

5.3 However, for a private University or a private College the eligibility requirement is that it should be accredited by ICAR.

5.4 The expression employed in clause 6.2 for private University/College that "it should be accredited by ICAR....." reveals that oblique (/) has been employed between the expression

"University" and "College" giving an impression that the said two expressions are used alternative to each other.

5.5 Taking hypothetical example of private University being accredited but a private college affiliated to the said University not being accredited and the candidate concerned has acquired the eligibility criteria of M.Sc./B.Sc. (Agriculture) from the said non- accredited private college then a situation may arise that such candidates who have passed out from such non-accredited college will claim to be eligible for admission to Ph.D./M.Sc. in agriculture course by contending that the private university to which their non-accredited college is affiliated is accredited thereby satisfying the essential qualifications.

5.6 Thus the only reasonable interpretation of the use of oblique (/) between the expression "University" and "College" is that institute from where essential requirement of degree of M.Sc./B.Sc. in agriculture is obtained by attending classes whether it is private college or private university such institute (university or college) ought to be accredited by the ICAR.

5.7 There may be occasion where the private university itself has department of Agriculture conducting courses of M.Sc /B.Sc. In such a situation if the course is pursued by candidate concerned from such university having department of Agriculture which is part and parcel of the private university and if such private university is accredited by the ICAR then candidates securing M.Sc/B.Sc. degree from such department of agriculture would be eligible to be considered for counseling/admission to the Ph.D./M.Sc. in Agriculture.

5.8 The aforesaid discussion decides the vital question raised at the beginning and therefore leaves no manner of doubt that accreditation from ICAR is mandatory for all institutes where M.Sc/B.Sc in agriculture courses are taught in accordance with procedure established by law.

5.9 Coming to the factual matrix it is seen that in these petitions all the petitioners have acquired the essential requirement of M.Sc/B.Sc in Agriculture from private colleges namely SSS Agriculture College Shri Ganganagar, Parmanand Degree College Gajsinghpur or G.S.G.D. Girls Agriculture College, Padampur none of which has certificate of accreditation from the ICAR. However, the contention of petitioners is that since all these private non-accredited colleges are affiliated to Swami Keshwanand Rajasthan Agricultural University, Bikaner and Sri Karan Narendra Agriculture University, Jobner, Rajasthan which are govt. Universities, the requirement of these private colleges having accreditation from ICAR gets obviated. This submission is heard to be rejected at the very outset.

5.10 Unless and until the essential requirement of M.Sc./B.Sc by attending classes is obtained from institute (private colleges) which are not accredited by the ICAR, the said degree of M.Sc/B.Sc. Agriculture does not satisfy the minimum essential requirement for counselling/admission to Ph.D./M.Sc in agriculture course conducted by Rajmata Vijaya Raje Scindia Krishi Vishwa Vidhyalaya, Gwalior.

Consequently, none of the petitioners in W.P.22281/19, W.P.22692/19, W.P.23336/19 W.P.23330/19 W.P.23216/19 & W.P.23226/19 satisfy the minimum requirement and therefore are not eligible to participate in counselling/admission to Ph.D./M.Sc. Agricultural course.

In view of above, all the petitions fail and are dismissed, sans cost.