Smt. Anupama Rajendra Hiremath vs State Of Karnataka on 2 December, 2019

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Karnataka High Court

Smt. Anupama Rajendra Hiremath vs State Of Karnataka on 2 December, 2019

Bench: S.Sujatha

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF DECEMBER, 2019

                        BEFORE:

          THE HON'BLE MRS. JUSTICE S.SUJATHA

        WRIT PETITION No.33148/2019 (EDN - RES)

BETWEEN:
SMT.ANUPAMA RAJENDRA HIREMATH
W/O SRIDHAR.T
AGED ABOUT 36 YEARS
R/AT # DOOR No.4-524 [F]
"SHIVASHAKTHI" 3RD CROSS
RAJEEV NAGAR, ALEVOOR ROAD
MANIPAL, UDUPI-576104
UNIVERSITY SEAT NUMBER
5VX12PMN16.                                     ...PETITIONER

             (BY SMT.N.S.CHITRAJA DEVI, ADV.)

AND:
1.     STATE OF KARNATAKA
       PRINCIPAL SECRETARY
       HIGHER EDUCATION DEPT.,
       M.S. BUILDING
       BANGALORE-560001.

2.     THE REGISTRAR
       VISHWESARAIAH TECHNOLOGICAL UNIVERSITY
       JHANA SANGAMA, MACHHE, BELAGAVI
       KARNATAKA-590018.

3.     Dr. JOEL HEMANTH
       ASSOCIATE DEAN, PRESIDENCY UNIVERSITY
       ITGALPURA, RAJANUKUNTE
       YELAHANKA, BANGALORE-560064.
       ALSO @
       "TRINITY HOME"
       REDS ROAD, SHANTI NAGAR
                                  -2-


        NEAR SHANTI CHURCH
        TUMKUR-572102.                           ...RESPONDENTS

             (BY SMT.PRAMODHINI KISHAN , AGA. FOR R-1;
              SRI SANTHOSH S. NAGARALE, ADV. FOR R-2;
                   SMT.SHAILASHREE, ADV. FOR R-3.)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENT No.2 UNIVERSITY TO GRANT PH.D DEGREE
CERTIFICATE TO THE PETITIONER; AND ETC.,

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:-

                            ORDER

The petitioner has sought for a direction to the second respondent - University to grant Ph.D. degree certificate to the petitioner.

2. The petitioner is a holder of B.E., M.Tech., [Mechanical Engineering] degree and has been working as Assistant Professor [Senior Scale] at Manipal Institute of Technology, Manipal. She applied for part time Ph.D., in Mechanical Engineering at the respondent-University through VTU-Research Centre under the guidance of Dr. Joel Hemanth, Associate Dean, Presidency University, Bengaluru and got -3- registered for the same in the year 2012. She selected the topic for Ph.D., in "Fabrication, Mechanical and Thermal Behaviour of Chilled Alluminum Alloy [LM-25] Reinforced with Borosilicate Glass Metal Matrix Composites" and her registration for Ph.D., was approved by the respondent-University. The petitioner having completed her course work and comprehensive Viva-voce as required under the regulations, has become eligible for submission of the Thesis and submitted her thesis on 16.05.2018.

3. In final Viva-voce, there was difference of opinion between the guide and the external evaluator. In terms of the Regulation 24.2 of Regulations, 2017, a consolidated report has to be submitted by the guide and the external examiner but individual reports being submitted due to the difference of opinion amongst the guide and the external evaluator, this Court had directed the Executive Council to examine the same. -4-

4. Pursuant to which a memo has been filed by the learned counsel appearing for the respondent- University whereby it is submitted that in the Scrutiny Committee conveyed on 25.11.2019 at VTU Regional Office, Bengaluru under the Chairmanship of Dr.N.V.R Naidu, Dean Faculty of Engineering, VTU Belagavi and Principal, MSRIT, Bengaluru, detailed deliberatios were held and it was recommended as under:

"that the candidate may be given an opportunity to make a fresh presentation before a neutral committee [excluding the Supervisor and External Examiner] comprising of experts appointed by the Vice Chancellor and further action may be initiated on the Supervisor for not following the regulations of the University in submitting a joint report of the Viva Voce and instead asking the external examiner to submit the report separately. Further, identity of the External Supervisor has been revealed to the candidate by the Supervisor."

5. The said Recommendation of the Committee was accepted by the Vice Chancellor and an order has been passed to 28.11.2019. Accordingly, a fresh -5- committee has been constituted under the Chairmanship of Dr.Vadiraj V. Katti, Principal, KLS's VDIT Haliyal and BOS, Mechanical Engineering, Chairman, VTU Belagavi to conduct Viva Voce to the petitioner. A copy of the notification dated - NIL in reference No.USN 5VX12PMN16 is placed on record.

6. The said memo is placed on record.

7. In view of the aforesaid, the respondent- University shall conduct the fresh Viva Voce to the petitioner in terms of the notification referred to above, within a period of three weeks from the date of receipt of certified copy of the order and shall announce the results within two weeks thereafter.

8. It is made clear that no fresh research work shall be insisted by the University. It shall be only the presentation of the research work before the New -6- Committee constituted in terms of the notification in reference No.USN 5VX12PMN16, referred to above.

Writ petition stands disposed of in terms of the above.

Sd/-

JUDGE NC.

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