Telangana High Court
Mane Sheshrao vs The Vice Chancellor on 6 June, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
W.P. No.2123 of 2021
ORDER:
This writ petition has been filed seeking a writ of mandamus and to set aside the impugned order dated 12.4.2019 to the extent of the petitioner, as illegal and arbitrary and consequently to direct the respondents to consider and allow the petitioner to submit the thesis for award of Ph.D forthwith and to pass such other order or orders, this court deems it fit and proper in the circumstances of the case.
2. Brief facts leading to the filing of the present writ petition are that the petitioner had registered for Ph.D programme in the respondent's university in the year 2009 and he was allotted as research scholar student to Professor Shashi Mudiraj.
3. It is submitted that the petitioner got employed as Assistant Professor in Baliram Patil college, Kinwat, Maharashtra and as such, though the petitioner had registered himself from full time scholar, he became a part time scholar from 18.10.2011. Meanwhile, the research supervisor of the petitioner i.e. Professor Shashi Mudiraj superannuated in the year 2014-15 PMD, J W.P.No.2123 of 2021 2 and because of the same, the respondents issued proceedings vide letter dated number UH/DRAE/2018 to the petitioner granting time till 30-09-2018 for submission of Ph.D thesis. The respondents directed the petitioner to submit progress report by 14.08.2018 and in due compliance thereof, petitioner submitted the progress report in the conference hall at 12.30 PM and gave detailed report of his work in progress on the said date and time in the presence of his research supervisor and student welfare committee chairman, who have allegedly expressed satisfaction on the petitioner's performance. It is further submitted by the petitioner that the pre-submission VIVA was conducted on 07.09.2018 and the respondents permitted the petitioner to submit the thesis by 30.9.2018. It is submitted that unfortunately on 17.09.2018, the petitioner was arrested in a case filed by his wife and he was in judicial custody in Nanded jail from 19.09.2018 and therefore, could not submit the thesis before 30.09.2018.
4. The petitioner claims to have addressed letters dated 27.09.2018 and 29.09.2018 to the respondents through the jailor permission requesting them to extend the date for submission of thesis. It is submitted that the petitioner was PMD, J W.P.No.2123 of 2021 3 released on bail on 05.02.2019 and before the petitioner could submit his thesis the petitioner received a letter from the respondents dated 12.4.2019 stating that the Ph.D registration of the petitioner has been cancelled for non submission of thesis before 30.09.2018.
5. The petitioner claims that thereafter again, the petitioner addressed a letter on 10.5.2019 requesting the first respondent to permit the petitioner to submit the thesis for award of Ph.D taking the unavoidable circumstances and the pathetic condition of the petitioner into consideration. However, the same was not considered. It is submitted that the petitioner was discharged from the criminal case by order dated 17.10.2020, as the allegations against the petitioner were not proved. The petitioner, therefore, prayed that the petitioner be permitted to submit his thesis for award of Ph.D to him.
6. The respondents have filed a counter in the present writ petition stating that though the petitioner was supposed to submit his thesis for award of Ph.D degree on or before 30.09.2018, he did not do so and that it later on that the respondents have come to know about his arrest in a criminal case by Maharashtra police. It is further submitted that the PMD, J W.P.No.2123 of 2021 4 cancellation order was issued to all the Ph.D students who did not submit the thesis on or before the due date 30.9.2018 and that the petitioner was one amongst such other candidates. It is further stated that the petitioner has submitted "No dues certificate" and has collected "Dis-continued Transfer Certificate No.021580" and "Bonafide Certificate No.21268" on 15.9.2020 from the university and therefore, he is no longer a student of the respondent university and it was under these circumstances that the petitioner's representation was not considered.
7. In rebuttal, the learned counsel for the petitioner submitted that the petitioner was not in a proper frame of mind when he applied for "No Due Certificate" and "Dis-continued Transfer Certificate" and immediately on realising the effect of such act on his part and after being discharged from the criminal case, he has filed the present writ petition. He submits that he had put in lot of work and his entire career will be ruined if his thesis is not accepted and Ph.D is not awarded to him.
8. The learned standing counsel had also filed copies of the office order, permitting the petitioner for re registration and also office order dated 26.04.2018, granting time upto 30.09.2018 PMD, J W.P.No.2123 of 2021 5 for submission of Ph.D thesis and also office order dated 12.4.2019, wherein the registration of about 10 students including the petitioner who had re registered but had not submitted the thesis within 6 months were cancelled.
9. After considering the rival contentions and the material on record, it is noticed that the petitioner was released on bail in the year 2019 itself, but he did not make any effort to submit the thesis or make any request for consideration of his representation for submission of the thesis.
10. It is only after being discharged from the criminal case that the petitioner has filed this writ petition, that too after taking the "No Due Certificate" and "Dis-continued Transfer Certificate" from the university. There was no embargo or prohibition for the petitioner during the pendency of the criminal case to carry out his research and to submit his thesis paper. Therefore, there is no merit in the present writ petition.
11. The writ petition is accordingly dismissed. No order as to costs.
PMD, J W.P.No.2123 of 2021 6 Miscellaneous applications, if any pending, shall also stands dismissed.
_____________________________ JUSTICE P.MADHAVI DEVI Date:
BV