Bombay High Court
Sagar Diwakarrao Malkhede And Others vs Shri Sant. Gadge Baba Amravati ... on 18 June, 2018
Author: R. K. Deshpande
Bench: R. K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 7778 OF 2017
1. Sagar Diwakarrao Malkhede,
aged about 33 years, Occ. Student,
R/o-13a, Maa Jiaju Colony, Amravati.
2. Ruchita Ajayrao Kale,
aged about 27 years, Occ. Student,
R/o. Datta Krupa, Tope Nagar, Amravati.
3. Harshwardhan Prabhakar Nistane,
aged about 28 years, Occ. Student,
R/o. Rathi Nagar, Amravati.
4. Pranita Pramod Deshmukh,
aged about 28 years, Occ. Student,
R/o. Rathi Nagar, Amravati.
5. Vaibhav Jayant Babrekar,
aged about 29 years, Occ. Student,
R/o. Vijay Nagar, Amravati.
6. Amruta Pradip Chaudhari,
aged about 29 years, Occ. Student,
R/o. Rathi Nagar, Amravati.
7. Sachin Vasantrao Dharpal,
aged about 36 years, Occ. Student,
R/o. Sai Nagar, Amravati.
8. Nupoor Manohar Yawale,
aged about 26 years, Occ. Student,
R/o. Bhagyoday Colony, Amravati.
9. Harshal Devidas Misalkar,
aged about 27 years, Occ. Student,
R/o. Pundlik Baba Colony, Amravati
10. Anup Wasudeo Burange,
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aged about 28 years, Occ. Student,
R/o. Navjeewan Colony, Amravati
11. Umesh Vishnupant Nikam,
aged about 31 years, Occ. Student,
At Post Surali, Tq. Warud, Distt. Amravati
12. Priyanka Anant Chorey,
aged about 32 years, Occ. Student,
R/o. O1 No. Lane, Kiran Nagar, Amravati
13. Preeti Vinyak Dudhe,
aged about 34 years, Occ. Student,
R/o. Purva Colony, Amravati
14. Maithili Sanjay Deshmukh,
aged about 30 years, Occ. Student,
R/o. Kharpade Bagicha, Amravati
15. Omprakash Ashoklal Jaisinghani,
aged about 27 years, Occ. Student,
R/o. Rampuri Camp, Amravati
16. Sumit Vikaspant Saharkar,
aged about 31 years, Occ. Student,
R/o. Loni, Amravati
17. Akshay Babankrao Kadu,
aged about 30 years, Occ. Student,
R/o. Radha Nagar, 02, Amravati
18. Ravindra Ganeshrao Hirulkar,
aged about 31 years, Occ. Student,
R/o. Amba Vihar, Amravati
19. Simi Sadaf Khan,
aged about 33 years, Occ. Student,
R/o. Jamil Colony, Amravati
20. Sheetal Shamrao Nerkar,
aged about 33 years, Occ. Student,
R/o. Sai Nagar, Amravati
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21. Gajanan Damodhar Nagoshe,
aged about 37 years, Occ. Student,
R/o. Nagar Amravati
22. Girish Murlidhar Rajguru,
aged about 30 years, Occ. Student,
R/o. Ram Mohan Nagar, Amravati
23. Ashish Rameshrao Topale,
aged about 28 years, Occ. Student,.
R/o. Gadge Nagar, Amravati
24. Poonam S. Mohod,
aged about 42 years, Occ. Student,
R/o. Abhiyanta Colony, Amravati
25 Surekha S. Kowale,
aged about 52 years, Occ. Student,
R/o. Maharshi Colony, Near Punjabrao
Deshmukh Hall¸ Amravati
26. Namrata D. Ghuse,
aged about 32 years, Occ. Student,
R/o. Ram Mohan Nagar, Amravati
27. Komal B. Bijwe,
aged aqbout 32 years, Occ. Student,
R/o. Power House, Amravati
28. Roopali Ramraje Deshmukh,
aged about 37 years, Occ. Student,
R/o. Vidhyapeth Road, Amravati
29. Nachiket Amarsingh Rathod,
aged about 30 years, Occ. Student,
R/o. 08, Mahalaxmi Colony, Amravati
30. Priti Hirasingh Jadhao,
aged about 31 years, Occ. Student,
R/o. 08, Mahalaxmi Colony, Amravati
31. Anup Madhukarrao Madghe,
aged about 29 years, Occ. Student,
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R/o. At Post Kavitha, Achalpur,
Amravati
32. Ashish Bhande,
aged about 31 years, Occ. Student,
R/o. Rathi Nagar, Amravati
33. Rohan Baburao Kokate,
aged about 30 years, Occ. Student,
R/o. Tope Nagar, Amravati
34. Manish Ganeshrao Thakare,
aged about 28 years, Occ. Student,
R/o. Mangrulpir, Washim.
35. Keshaw Narayanrao Darekar,
aged about 27 years, Occ. Student,
R/o. C/6 VMV Quarter, Amravati
36. Mamta Uttamrao Patil,
aged about 42 years, Occ. Student,
R/o. Dhnyaneshwari Nagar, Amravati
37. Punam Sharadrao Deshmukh,
aged about 30 years, Occ. Student,
R/o. Gandhi Nagar, Amravati
38. Pallavi Ravindra Deshmukh,
aged about 26 years, Occ. Student,
R/o. New Friends Colony, Amravati
39. Shreya R. Deshmukh,
aged about 28 years, Occ. Student,
R/o. New Friends Colony, Amravati
40. Bhagyashri Satish Deshpande,
aged about 28 years, Occ. Student,
R/o. Near Rest House, Badnera, Amravati
41. Prena Sanjay Tayade,
aged about 28 years, Occ. Student,
R/o. Walgaon, Amravati
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42. Manisha Rameshrao Pund,
aged about 40 years, Occ. Student,
R/o. Kassturi-1, Flat No. 204,
Rajendra Nagar, Nagpur
43. Prathamesh Vasant Phadke,
aged about 27 years, Occ. Student,
R/o. Rukmini Nagar, Amravati
44. Vanita Rangrao Sagane,
aged about 34 years, Occ. Student,
R/o. 414, Gajanan Township, Amravati
45. Pratik Kishorrao Deshmukh,
aged about 28 lyears, Occ. Student,
R/o. House No. 13, Vidarbha Housing
Colony, Camp Amravati
46. Hemant Nandkishor Watane,
aged about 28 years, Occ. Student,
R/o. 20, Vidarbha Housing Colony,
401, Ekdant Residency, Amravati
47. Ashlesha Mankar,
aged about 44 years, Occ. Student,
R/o. 401, Ekdant Residency, Amravati
48. Ujjwal Vishnupant Ramekar,
aged about 28 years, Occ. Chabda
Plot, Amravati
49. Dipen Bhavanji Patel,
aged about 28 years, Occ. Student,
R/o. Rukmini Nagar, Amravati
50 Nikesh Tejram Gadre,
aged about 29 years, Occ. Student,
R/o. Swawlambi Nagar, Amravati
51. Bhaurao Shashankrao Badak,
aged about 29 years, Occ. Student,
R/o. Shikshak Colony, Amravati
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52. Shashank Dadarao Bonde,
aged about 31 years,. Occ. Student,
R/o. Saroj Colony, Amravati
53. Rounak Rajkumar Gupta,
aged about 29 years, Occ. Student,
R/o. Satidham Market, Amravati
54. Tanju Subhashrao Rohankar,
aged about 29 years, Occ. Student,
R/o. Khandelwal Nagar, Akoli Road,
Sai Nagar, Amravati
55. Hayat Akhta Asrar Ahmad Qureshi,
aged about 31 years, Occ. Student,
R/o. Pakiza Colony, Amravati
56. Subhaqngi Dhote,
aged about 36 years, Occ. Student,
R/o. Shanti Sadan Colony, Amravati
57. Mrunalini B. Kalbande,
aged about 32 years, Occ. Student,
R/o VMV Tower Line, Amravati
58 Subhod Kishorrao Kalmegh,
aged about 30 years, Occ. Student,
R/o. At Post Chausala, Tq. Anjangao Surji,
Amravati
59. Nikhil Vinodrao Raut,
aged about 29 years, Occ. Student,
R/o. Ashiyad Colony, Amravati
60. Shanta Ramkrushna Gadge,
aged about 45 years, Occ.Student,
R/o. Bapatwadi, Amravati
61. Smita Subhashrao Dhok,
aged about 28 years, Occ. Student,
R/o. Gadge Nagar, Amravati
62. Subhashrao Amol Mahore,
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aged about 32 years, Occ. Student,
R/o. Arjun Nagar, Amravati
63. Nilesh Prabhakarrao Bhopale,
aged about 36 years, Occ. Student,
R/o. Vijsnechi Colony, Kathora Road,
Amravati
64. Anup Krushnarao Chtkeshwar,
aged about 32 years, Occ. Student,
R/o. Devdatta Nagar, Near,
H.V.P.M. Amravati
65 Amil Ravindra Wadnekar,
aged about 31 years, Occ. Student,
R/o. Harde Nagar, Near Finley Mill,
Paratwada, Distt. Amravati...... PETITIONERS
...VERSUS...
1. Shri Sant Gadge Baba Amravati
University, though its Registrar,
Amravati
2. The Controller of Examination,
` Sant Gadge Baba, Amravati University,
Amravati ...... RESPONDENTS
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Shri F.T.Mirza, counsel for Petitioners.
Ku. K.K.Pathak, counsel for Respondents
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CORAM: R. K. DESHPANDE, AND
ARUN D. UPADHYE, JJ.
th
DATE : 18 JUNE, 2018 .
ORAL JUDGMENT (P.C.)
1] Rule made returnable forthwith.
Heard finally by consent of the learned counsels
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appearing for the parties.
2] The petition seeks direction to the respondents
to register the petitioners for Ph.D Course as per their respective subjects in Ph.D. Aptitude Test (PAT) (Annexure- D). It is further relief claimed to hold and declare that Ordinance No. 19 of 2015 dated 09.04.2015, Direction No. 22 of 2015, dated 19.11.2015 and Ordinance No. 1 of 2016 are not applicable to the petitioners as the same cannot be given retrospective effect.
3] This Court issued notice for final disposal of the matter on 11.12.2017 and thereafter on 03.05.2018, following interim order was passed.
"1. Heard for sometime.
2. We permit petitioners to enroll themselves in pursuance of advertisement dated 21/04/2018 at Annexure-C-1 with the application.
3. Ku.Pathak, learned counsel on behalf of respondent Nos. 1 and 2 submits that only enrollment will be completed by the end of May, 2018. No examination shall be conducted during summer vacation of this Court.
4. Accepting statement, we list the matter for further consideration on 04/06/2018. However, till then, no examination as advertised shall be conducted".
As a result of the aforesaid interim order, the petitioners have applied in response to the advertisement dated ::: Uploaded on - 21/06/2018 ::: Downloaded on - 22/06/2018 01:07:43 ::: 9 wp7778.17.odt 21.04.2018, but the University has not yet conducted the examination.
4] The petitioners were desirous of obtaining Ph.D. Degree and therefore, in terms of Ordinance No. 19 of 2009 and the rules for conducting online Ph.D. Aptitude Test (PAT) then prevailing, the petitioners applied for Degree of Doctor of Philosophy. The petitioners were successful in PAT examination in the year 2014 and in terms of Clause 19 of PAT Rules, had a period of 3 years to apply for Ph.D. registration, which came to an end in the year 2017.
5] The respondent University stopped the registration for Ph.D in the month of July, 2015 on publication of Ordinance No. 19 of 2015 on 09.04.2015, which repealed the Ordinance No. 19 of 2009. It is not in dispute that Ordinance No.19 of 2015 was brought into force from 23.03.2015 i.e. the date when the Management Council approved it. Consequently, the award of degree of Doctor of Philosophy was governed by the Ordinance No. 19 of 2015 and the another new Ordinance No.1 of 2016, published on 10.11.2016.
6] The Ordinance No. 1 of 2016 prescribes the ::: Uploaded on - 21/06/2018 ::: Downloaded on - 22/06/2018 01:07:43 ::: 10 wp7778.17.odt eligibility criterion of passing of Ph.D. Entrance Test (PET) for registration for Ph.D. The problem arose of those who had cleared the PAT in terms of Ordinance No. 19 of 2009, but could not get themselves registered for Ph.D. course prior to 23.03.2015 when Ordinance No. 19 of 2015 was brought into force. To take care of such aspirants, a resolution was passed by the Academic Council on 06.06.2017, which is reproduced below.
"Item No. 50
To extend the validity of Ph.D. Aptitude Test (PAT) Considered the extension of validity of Ph.D. Aptitude Test (PAT) for the students who have cleared PAT as per rule 6/2010 for registration of Ph.D under the Ordinance No. 1/2016 prepared as per U.G.C regulation 2016 and the Council recommended that candidates who have cleared PAT examinations of the University are exempted from Section-A i.e. general aptitude paper, but such students have to clear the examination for Section-B i.e. Specific subject in the relevant faculty.
The students who will clear the examination as per Rule 1 of 2017 of Section-B will be given the validity for two years for Ph.D. registration from the date of passing of examination under Ordinance No. 1 of 2016". As a result of the aforesaid resolution, the petitioners are now exempted from passing Section-A General Aptitude Paper, as they have already cleared PAT, but they are required to clear the examination for Section-B i.e. specific subject in the relevant faculty.
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11 wp7778.17.odt 7] Shri Mirza, the learned counsel appearing for the petitioners has essentially raised two points i.e. (i) that, the estoppel operates against the respondent University from requiring the petitioners to appear for Subject-B in terms of Item 50 as per the provisions of Ordinance No. 1 of 2016 and the reliance is placed upon the decision of the Apex Court in case of M/s. Motilal Padampat Sugar Mills Co. Ltd., vrs. State of Uttar Pradesh and others, reported in AIR 1979 SC 621; and
(ii) The Ordinance No. 19 of 2015 and Ordinance No. 1 of 2016 cannot be given retrospective operation, so as to take away the right of the petitioners to get themselves registered for Ph.D. Course during the period of 3 years from 2014 to 2017 and it was wrong on the part of the respondents to stop the registration for Ph.D in the month of July, 2015. The reliance is placed upon the decision of the Apex Court in the case of Shyam Sundar and others vrs. Ram Kumar and another, reported in (2001) 8 SCC
24. 8] We have heard Ms Pathak, the learned counsel appearing for the respondent University. She does not dispute that the petitioners were eligible for registration for Ph.D. during the period of 3 years from 2014 to 2017 in terms of Ordinance ::: Uploaded on - 21/06/2018 ::: Downloaded on - 22/06/2018 01:07:43 ::: 12 wp7778.17.odt No. 19 of 2009, as they cleared PAT examination. She, however, submits that Ordinance No. 19 of 2015 brought into force from 23.03.2015 has repealed Ordinance No. 19 of 2009, taking away the right of the petitioners to get themselves registered for Ph.D Course during the period of 3 years after January, 2015. She submits that those who have registered themselves prior to 23.03.2015 for Ph.D are exempted from passing Section 'A' General Aptitude paper in the PET examination as per Ordinance No. 1 of 2016. She submits that the University was conscious of the rights of those who could not get themselves registered from 23.03.2015 to July, 2015 and taking into consideration their interest, a resolution was passed at Item No. 50, which is reproduced above on 21.04.2018.
9] In our view, the question of promissory estoppel does not at all arise in the present case, for the reason that the Ordinance No. 19 of 2015 was brought into force with effect from 23.03.2015, which has repealed Ordinance No. 19 of 2009. The rights of the petitioners to get themselves registered for Ph.D upto 2017 were taken away by statutory ordinance and there cannot be an estoppel against the statute. The cases of the petitioners, therefore, would not be governed by the law laid ::: Uploaded on - 21/06/2018 ::: Downloaded on - 22/06/2018 01:07:43 ::: 13 wp7778.17.odt down by the Apex Court in the case of M.P. Sugar Mills, cited supra, relied upon by Shri F. T. Mirza.
10] Once it is held that the rights of the petitioners are taken away, the question of prospective or retrospective operation of the ordinance does not at all arise. Be that as it may, the University has taken care of the students who were successful in PAT and accordingly exemption is granted to them from appearing in the subject in Section-A. Once Ordinance No. 19 of 2009 was repealed, the rights of the petitioners to get themselves registered for Ph.D. would not survive. 11] In the result, this writ petition is dismissed. 12] We expect the University to take into consideration this situation and grant adequate time to the students to make preparation for appearing in the PET examination.
JUDGE JUDGE
Rvjalit
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