Punjab-Haryana High Court
Prasad Vilas Pawar vs Union Of India & Ors on 9 April, 2015
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
246 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP NO. 25363 OF 2014(O&M)
Date of decision: 9.04.2015
Prasad Vilas Pawar
...... Petitioner
versus
Union of India and others
...... Respondents
Coram: Hon'ble Mr. Justice Rakesh Kumar Jain
Present: Mr. Puneet Sharma, Advocate
for the petitioner.
Mr. Vipul Aggarwal, Advocate
for respondent No. 1.
Mr. J.S.Puri, Advocate
for respondents No. 2 to 5.
Rakesh Kumar Jain, J.(Oral)
The petitioner is a Ph.D student of the Department of Pharmaceutics (PE) in the National Institute of Pharmaceutical Education and Research (in short, NIPER). The grievance of the petitioner is against the order dated 17.10.2014 and the show cause notice dated 4.12.2014.
After lengthy argument, it is resolved that the presentation made by the petitioner on 4.12.2014 before the Student Research Committee (SRC) shall be considered as synopsis report and the petitioner would be allowed to submit his thesis.
Shri Puri, has submitted that in the meeting held on 11.11.2014 it has already been decided that "the essentiality of the synopsis report arises only at the time of asking the examainers for consent to examine the thesis and as per the present practice after the thesis is submitted the SHIVANI 2015.04.10 16:32 I attest to the accuracy and authenticity of this document Chandigarh CWP NO. 25363 OF 2014(O&M) -2- request seeking consent of the examiners is sent along with the synopsis report. Thus, in the event of non-submission of the synopsis report the same can be submitted by the student along with the thesis." The Director of the Institute has also decided on 7.01.2015 "to extend the date of submission of Ph.D thesis by Prasad Vilas Pawar till 31.07.2015 (or till end of five years registration period) as also requested by the student".
Counsel for the petitioner has, however, submitted that the period of six months should be considered from today.
Shri Puri, on instructions from the Registrar of the Institute who is present in Court, has submitted that the period can be extended under the order of the Court but the institute will not be in a position to pay the stipend for the extended period. It is also submitted that the petitioner may be allowed to retain the hostel facility, if an order is passed by this Court till the completion of Ph.d programme without any charge.
In view of the aforesaid discussions, the present writ petition is disposed of, directing the respondent to appoint the Administrative Guide of the petitioner, allow the petitioner six months time from today to submit his thesis if required alongwith synopsis report without payment of stipend beyond the period he is entitled (extended period), allow the petitioner to stay in the hostel without any charge (extended period) till the submission of his thesis. The interim presentation submitted by him shall be considered as his synopsis for all intents and purposes and that he would mention in his thesis that he was under the guidance of Dr. Neeraj Kumar who may be a member of the Oral Defence Committee if the law so permits.
In case the petitioner is aggrieved for non-compliance of this SHIVANI 2015.04.10 16:32 I attest to the accuracy and authenticity of this document Chandigarh CWP NO. 25363 OF 2014(O&M) -3- order or in any changed circumstances, he is at liberty to approach this court in the present writ petition.
[Rakesh Kumar Jain] th 9 April, 2015 Judge Shivani Kaushik SHIVANI 2015.04.10 16:32 I attest to the accuracy and authenticity of this document Chandigarh