Madras High Court
… vs B.Rajesh on 31 March, 2021
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.03.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
Rev.Aplw (MD) No.17 of 2021 and
W.M.P (MD) No.5263 of 2021
The State of Tamil Nadu,
Rep by its Secretary,
Department of Higher Education,
Secretariat, Chennai 600 009.
… Petitioner
Vs.
1.B.Rajesh
2.The Union of India,
Rep by its Secretary,
Higher Education Department,
Ministry of Human Resource Development,
Shastri Bhavan,
New Delhi 110 001.
3.University Grants Commission,
Rep by its Chairman,
Bahadur Shah Jaffar Marg,
New Delhi 110 002.
4.Teachers Recruitment Board,
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http://www.judis.nic.in
Rep by its Member Secretary,
4th Floor, EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai 600 006.
... Respondents
Prayer : Review application filed under Order 47 Rule 1 & 2 of C.P.C., read
with Section 114 of C.P.C., to review the order dated 21.06.2019 made in
W.P.(MD) No.18755 of 2013.
For Petitioner : Mr.M.Sricharan Rangarajan, AAG
Assisted by Mr.P.Mahendran, AGP
ORDER
This review application is filed to review the order dated 21.06.2019 made in W.P.(MD) No.18755 of 2013.
2. The learned Additional Advocate General appearing on behalf of the review petitioner made a submission that certain clarifications are required with reference to paragraph No.4 of the order dated 21.06.2019. 2/10 http://www.judis.nic.in
3. The learned Additional Advocate General while reading paragraph No.3 of the order, admitted that the minimum standard of educational qualification and other criterias fixed by the University Grants Commission are to be followed scrupulously and there cannot be any other opinion. However, he made a submission that in paragraph No.4 of the order, it is stated that the candidates who studied through Open University System, correspondence course without attending the regular classes, are not eligible for appointment to the post of Assistant Professor. The said sentence require a clarification in consonance with the University Grants Commission regulations.
4. In this regard, the learned Additional Advocate General solicited the attention of this Court with reference to the notification dated 05.05.2016 issued by the University Grants Commission i.e., University Grants Commission (minimum standards and procedure for award of M.Phil./Ph.D degrees) regulations 2016. 3/10 http://www.judis.nic.in
5. As per the said regulations, clause 11 states treatment of Ph.D/ M.Phil. through distance mode/part time. clause 11.1 and 11.2 reads as under:
“11. Treatment of Ph.D / M.Phil. through Distance Mode/Part-time:
11.1 Notwithstanding anything contained in these Regulations or any other Rule or Regulation, for the time being in force, no University; Institution, Deemed to be a University and College shall conduct M.Phil. and Ph.D. Programmes through distance education mode.
11.2 Part-time Ph.D will be allowed provided all the conditions mentioned in the extant Ph.D Regulations are met.”
6. Relying on the said regulations, the learned Additional Advocate General reiterated that no university, institution deemed to be a university or college, shall conduct M.Phil/Ph.D programme through distance education mode. Thus, conduct of M.phil/Ph.D courses through distance education 4/10 http://www.judis.nic.in mode is completely barred. However in Clause 11.2, the regulation contemplates part time Ph.D will be allowed provided all the conditions mentioned in the extant Ph.D regulations are met. Thus, part time Ph.D Course is permitted with conditions. In this regard, the Registrar, Tamil Nadu Open University, sought for clarification and the University Grants Commission in its letter dated 19.05.2017 clarified as follows:
“In this context, I am directed to convey the approval of University Grants Commission to start M.Phil/Ph.D programme under Regular/Part-Time mode by the University subject to the condition that the essential clauses of University Grants Commission (Minimum Standards and Procedure for Award of M.Phil / Ph.D Degrees) Regulations, 2016 (Copy enclosed) pertaining to eligibility criteria for admission to M.Phil/Ph.D Programme, duration of programme, procedure for admission, allocation of Research Supervisor, Course Work, Research Advisory Committee, Evaluation and Assessment Methods and Depository with INFLIBNET must be followed in letter and spirit. It may be noted that as per Clause 11 of the Regulations, no university is permitted to conduct M.Phil/Ph.D programmes through distance education mode.” 5/10 http://www.judis.nic.in
7. With reference to the clarification, it is made clear that the University Grants Commission may grant approval to start M.Phil/Ph.D programme under regular/part time mode by the University subject to the condition i.e., essential clauses of University Grants Commission (minimum standards and procedure for award of M.phil./Ph.D degrees) regulations 2016, pertaining to the eligibility criteria for admission to M.Phil./Ph.D programme, duration of programme, procedure for admission etc.
8. However, in the same clarification, it is made clear by the University Grants Commission that as per clause 11 of the regulations, no university is permitted to conduct M.Phil/ Ph.D programme through distance education mode. Thus, it is clear that the University Grants Commission clarificatory letter dated 19.05.2017 is in conformity with the regulations issued and they have informed the Tamil Nadu Open University to follow the regulations of the year 2016 with reference to the courses of M.Phil./Ph.D through part time and no distance mode is permitted. 6/10 http://www.judis.nic.in
9. Thus, this Court is inclined to clarify that the said regulation of the year 2016 as discussed above is to be followed for the purpose of conducting M.Phil./Ph.D courses and the persons who have studied in such courses which are all approved by the University Grants Commission alone is made eligible for appointment to the public post including Assistant Professor etc.
10. Though the learned Additional Advocate General made a submission that if the M.phil./Ph.D courses are conducted in conformity with the said regulations by the Tamil Nadu Open University, the same shall be approved. It is needless to state that once the regulations are followed by the University recognized, then such courses conducted in consonance with the regulations are approved by the University Grants Commission, are to be construed as a valid degree in the eye of law.
11. With the above clarification, the review application(MD) No.17 of 2021, stands disposed of. No costs. Consequently connected miscellaneous petition is also closed.
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12. In view of the disposal of the review application(MD) No.17 of 2021, connected review applications in W.M.P (MD) No.5295 of 2021 in Rev.Aplw (MD) SR.No.17572 of 2021, W.M.P (MD) No.5373 of 2021 in Rev.Aplw (MD) SR.No.18136 of 2021 and W.M.P (MD) No.5477 of 2021 in Rev.Aplw (MD) SR NO.18658 of 2021 are also stand disposed of. No costs.
31.03.2021 Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order gsk 8/10 http://www.judis.nic.in To
1.The Secretary, The Union of India, Higher Education Department, Ministry of Human Resource Development, Shastri Bhavan, New Delhi 110 001.
2.The Chairman, University Grants Commission, Bahadur Shah Jaffar Marg, New Delhi 110 002.
3.The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai 600 006.
9/10 http://www.judis.nic.in S.M.SUBRAMANIAM, J.
gsk Rev.Aplw (MD) No.17 of 2021 and W.M.P (MD) No.5263 of 2021 31.03.2021 10/10 http://www.judis.nic.in