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Uttarakhand High Court

8 April vs G B Pant University Of Agriculture And ... on 8 April, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2025:UHC:2626



HIGH COURT OF UTTARAKHAND AT NAINITAL
        Writ Petition Misc. Single No. 821 of 2021
                          08 April, 2025
Chandra Prakash                                         --Petitioner
                               Versus

G B Pant University Of Agriculture And Technology
Pantnagar and Ors.                                  --Respondents
----------------------------------------------------------------------
Presence:-
       Mr. Abhijay Negi and Ms. Snigdha Tiwari, learned
       counsel for petitioner.
       Mr. Rajendra Dobhal, learned Senior Counsel
       assisted by Mr. Suryakant Maithani, learned counsel
       holding brief of Mr. Shubhang Dobhal, learned
       counsel for respondent Nos.1 to 3-University.
       Mr. Sagar Malara, learned counsel holding brief of
       Mr. Yogesh Kumar Pacholia, learned counsel for
       respondent No.9-AICTE.

Hon'ble Pankaj Purohit, J. (Oral)

Heard learned counsel for the parties.

2. By means of the present writ petition, petitioner has sought the following reliefs:-

i) Issue a writ order or direction in the nature of certiorari quashing the evaluation report dated 08.10.2018 (Annexure No.15) whereby the thesis submitted by the petitioner has been rejected.

ii) Issue a writ or order or direction in the nature of mandamus directing the respondents to grant the Ph.D. degree to the petitioner likewise procedure which was adopted in the matter of other students.

3. The brief facts of the case are that the petitioner took admission as a sponsored Ph.D. research scholar in Department of Electronics and 1 2025:UHC:2626 Communication Engineering (E&CE), College of Technology of G.B. Pant University of Agriculture and Technology (GBPUAT), Pantnagar in July 2010, as per the MOU signed between ARIES and GBPUAT. The petitioner submitted his thesis on 14.08.2015 to the University. The University expressed its satisfaction to the thesis submitted by the petitioner on 17.08.2015 and sent it to two Experts namely Prof. Dr. Salim Beg and Prof. Dr. A.R. Harish. Prof. Dr. Salim Beg recommended granting Ph.D. to the petitioner, while Prof. A.R. Harish denied to evaluate the thesis as he had no expertise in the field in which the thesis was submitted by the petitioner. After this, the thesis of the petitioner was forwarded to Prof. Dr. S.N. Sinha, IIT Roorkee on 14.09.2015, who evaluated the thesis of the petitioner on 03.04.2016, but the thesis was rejected. Thereafter, the thesis was again sent to another expert Prof. Dr. V.K. Sarkar, but, unfortunately, he died in between. The thesis was thereafter sent to another expert Prof. Dr. Neelam Shrivastava and Prof. Dr. Sanjeev Tyagi, both have recused from evaluation of the thesis. Finally, it was sent to the expert Prof. Dr. A.K. Gautam.

4. Prof. Dr. A.K. Gautam opined that the thesis needs to be resubmitted by the petitioner in the lights of comments made by him in the order dated 08.10.2018 (Annexure No.15 to the writ petition). It is feeling aggrieved by the observation made by the Prof. Dr. A.K. Gautam for resubmission of the thesis, the petitioner has moved the present writ petition before this Court.

2025:UHC:2626

5. It is contended by learned counsel for the petitioner that during the pendency of the present writ petition, the petitioner has already resubmitted the thesis to the University on 29.03.2025. Thus, the challenge made to the order dated 08.10.2018 passed by Prof. A.K. Gautam has no longer to decide in this writ petition, therefore, relief clause (i) has rendered infructuous. Now, in view of the second prayer made by the petitioner in the present writ petition, only this can be done that after resubmission of the thesis to the University, the University can be directed to take decision on the resubmitted thesis of the petitioner.

6. Accordingly, the writ petition is disposed of, with a direction to the respondent-University to send the thesis of the petitioner to some new renowned expert of the field in which the petitioner has resubmitted his thesis, other than Prof. Dr. A.K. Gautam, who shall evaluate the thesis so resubmitted by petitioner within the time frame as prescribed under the Academic Rules. No order as to costs.

(Pankaj Purohit, J.) 08.04.2025 PN PREETI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF0 NEGI 8D959AC, cn=PREETI NEGI Date: 2025.04.08 15:59:10 +05'30' 3