Andhra Pradesh High Court - Amravati
S.N.Shubhamangala vs The State Of Andhra Pradesh on 15 November, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.20523 of 2021
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"...to issue a Writ order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not permitting the petitioners to submit the M.Phil., Thesis is bad, illegal, arbitrary, discriminatory, contrary and violation of principles of natural justice and rights of the petitioners as enshrined under article 14, 16 and 21 of the Constitution of India and in violation of University Grants Commission Regulations and consequently direct the Respondents to receive the M.Phil., Thesis of the Petitioners for evaluation and grant M.Phil., degrees in respective branches and topics..."
2. Heard Sri B.Jayakar, learned counsel for the petitioners, learned Government Pleader for Higher Education appearing for respondent No.1 and learned Standing Counsel for Dravidian University appearing for respondent No.2.
3. The grievance of the petitioners, as ventilated by their learned counsel, is that the petitioners were given admission into respective branches of Kannada, English and Library Science for the purpose of pursing their studies and submission of Thesis in respective topics and originally time fixed for submission of Thesis is 31.05.2014 by the 2nd respondent-University. However, the 2nd respondent subsequently issued a Circular, dated 13.06.2018 prescribing the time for submission of Thesis of 2 M.Phi/Ph.D was 31.05.2019 with a late fee of Rs.30,000/-. Accordingly, when the petitioners went to submit their Thesis in the Month of May 2019, the 2nd respondent refused to receive the same. Contrary to the above Circular, the 2nd respondent issued a notice, dated 04.04.2019 stating that the petitioners cannot submit their Thesis, which is illegal. Hence, the writ petition.
4. The learned counsel for the petitioners would submit that refusal on the part of the 2nd respondent to accept the Ph.D Thesis submitted by the petitioners is illegal and unjust. He would further submit that in similar circumstances in W.P.No.6063 of 2021, this court granted liberty to the petitioners therein to submit their Thesis along with representation to the 2nd respondent and directed the 2nd respondent to consider the same and thus prayed to pass the order in terms of the above order.
5. The learned Standing Counsel for the 2nd respondent would submit that if the petitioners file the representations ventilating their grievances, the same would be dealt with in accordance with law.
6. In view of the above respective submissions and considering that the petitioners' case is squarely covered by the order of this court, dated 17.03.2021, in W.P.No.6063 of 2021, this writ petition is disposed of, giving liberty to the petitioners to submit their Thesis along with representations ventilating their 3 grievance to the 2nd respondent, in which case the 2nd respondent shall consider the same and act upon in accordance with law expeditiously. No costs.
Miscellaneous applications pending, if any, shall stand closed in consequence.
________________ JUSTICE V.SUJATHA Date : 15.11.2023 KGR 4 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.20523 of 2021 Date : 15.11.2023 KGR