TAMANA MULTANI v. CSK HIMACHAL PRADESH KRISHI VISHVAVIDYALAYA AND OTHERS
CWP/2763/2020 · 2025-04-03
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14292 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14292 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:9025 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2763 of 2020 Decided on: 03.04.2025 Tamana Multani … Petitioner Versus CSK Himachal Pradesh Krishi Vishvavidyalaya, Palampur & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner : Mr. K.S. Banyal, Senior Advocate, with Mr. Tejasvi Verma, Advocate. For the respondents : Mr. Naresh K. Sharma, Advocate, for respondent No.1. Mr. Pushpinder Jaswal, Additional Advocate General, for respondent- State. None for respondent No.2. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following reliefs:-
“(i) Issue writ, order or a direction in the nature of Mandamus thereby quashing/ altering the admission rules/ regulations of Respondent No.1 University. (ii) Issue a writ, order or a direction in the nature of Mandamus thereby directing the Respondent University to allow the Petitioner admission under NRI/OCI Card 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:9025 Holder category.”
2. When the case was listed on 18.03.2025, the following order was passed:-
“When the case was taken up for consideration today, the Court stands informed that on the strength of the provisional admission granted to the petitioner, the petitioner has now completed the course in issue, though provisionally. In other words, it is the fate of this writ petition, which shall be determining the validity of the course undertaken by the petitioner. This Court is of the considered view that as the writ petition was filed in the year 2020 and on the strength of the interim orders passed by the Hon’ble Division Bench, then, as the petitioner was admitted to the course in question and as she has successfully now passed the course, no purpose will be served by giving a declaration, which may adversely affect the petitioner. This Court is making this observation for the reason that the Court has been informed that the only alleged infirmity in the candidature of the petitioner was that for the purpose of being admitted under the stream, in which, she was seeking admission, it was mandatory for the candidate,
3 2025:HHC:9025 too have passed the qualifying examination i.e. 12th standard examination from a School/College/University situated Abroad, whereas, the petitioner had passed the qualifying examination from a School in India.
In other words, per se, it is not as if the petitioner was not qualified to undergo the course, but, it is only that because, she had applied under the category of NRI candidate, her passing +2 examination from a School/Board in India is being construed to be an ineligibility to the said extent. In the backdrop of the above observations, learned counsel appearing for the university is directed to have instructions as to why as a special case, to put quietus to the lis the candidature of the petitioner be not held to be valid for the course undertaken by her. List on 03.04.2025.”
3. Today, learned counsel appearing for the respondent- University has handed over a copy of instructions, dated 29.03.2025, which are taken on record. Relevant portion thereof is reproduced hereinbelow:-
“It is also intimated that Ms. Tamanna Multani has passed her 1st professional year of B.V.Sc. & A.H. as
4 2025:HHC:9025 notified dated 12.10.2021 at Sr. No.60, 2nd professional year of B.V.Sc. & A.H. as notified vide notification dated 10.09.2022 at Sr. No.52, 3rd professional year of B.V.Sc. & A.H. as notified vide notification dated 29.08.2023 at Sr. No.49 and 4th professional year of B.V.Sc. & A.H. as notified vide notification dated 17.12.2024 at Sr. No.49 (relevant copies enclosed). At present, the petitioner is undergoing Internship Training and if she completes her Internship Training successfully she will be eligible for award of B.V.Sc & А.Н. degree in December, 2025.”
4. In the light of the stand so taken by the respondents, this petition is disposed of with the direction that in case the petitioner, who is undergoing Internship Training, successfully complete the same, then B.V.Sc Degree be conferred upon her in accordance with Rules. The Court places on record its appreciation for Mr. Naresh K. Sharma, learned counsel, representing respondent No.1 for his valuable assistance in the adjudication of the petition.
Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel)
Judge April 03,
2025
(Rishi)