Himachal Pradesh High Court
Sheetal Thakur vs Himachal Pradesh University on 30 July, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10923 of 2023 a/w CWP No.3891 of 2024 Date of decision: 30.07.2024 .
1. CWP No.10923 of 2023 Sheetal Thakur. ...Petitioner.
Versus Himachal Pradesh University. ...Respondent.
2. CWP No.3891 of 2024 Rishabh Mehta. ...Petitioner.
Versus Himachal Pradesh University & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 Yes For the petitioners : Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rocky, Advocate, for the petitioners in both CWPs.
For the respondent(s) : Ms. Archna Dutt, Advocate, for
the respondent in CWP
No.10923 of 2024.
: Mr. Devender K. Sharma,
Advocate, for respondents in
CWP No.3891 of 2024.
Jyotsna Rewal Dua, Judge
Petitioners in both these petitions are desirous of taking admission in Ph.D. course in Rural Development in 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -2- the Department of Interdisciplinary Studies in the respondent-University. Their grievance lies against the office .
communications dated 18.07.2023 and 21.07.2023 issued by the Dean of Studies, Himachal Pradesh University, whereby admission process in Ph.D. (Rural Development) running in the Department of Interdisciplinary Studies and Ph.D. (Sustainable Rural Development) running in the till further r orders. to Department of Life Long Learning was ordered to be stopped Relevant excerpts from Office communication dated 21.07.2023 are as under:-
"This is in continuation to the Committee constituted vide Notification No.1-3/2022-HPU(DS) dated 08.08.2022 to examine the matter regarding offering two degrees with same subject, i.e. Ph.D. Rural Development and Ph.D. Sustainable Rural Development. In this regard, Committee decided that afresh admission process of Ph.D (Rural Development) programme in Department of Interdisciplinary Studies and Ph.D. (Sustainable Rural Development) programme in the Department of Life Long Learning be stopped till further order."
2. The case.
2(i). The Executive Council of the respondent-
University constituted a Committee on 08.08.2022 to examine a matter regarding offering two degrees with the ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -3- similar subjects, i.e. in the subject of Ph.D. (Sustainable Rural Development) in the Department of Life Long Learning .
and Ph.D. (Rural Development) in the Department of Interdisciplinary Studies. Presumably, the Committee so constituted took a decision that fresh admission process of Ph.D. (Rural Development) in the Department of Interdisciplinary Studies and Ph.D. (Sustainable Rural Development) in the Department of Life Long Learning be stopped till further orders. On the basis of this decision of the Committee, the Dean of Studies of respondent-
University, firstly vide communication dated 18.07.2023 and thereafter on 21.07.2023 enforced the said decision and ordered stopping of fresh admission process in the aforesaid Ph.D. Degree courses.
2(ii). The decision of stopping the fresh admission process in Ph.D. (Rural Development) in the Department of Interdisciplinary Studies affected the petitioners, therefore, they have preferred these writ petitions, assailing aforesaid decision. Substantive relief prayed in CWP No.10923 of 2023 reads as under:-
(i). That the Respondents may kindly be directed to set aside and quashed the impugned order dated 18.07.2023 issued by the University ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -4- Authority (Dean of Studies) and further direction may be issued to respondent to allow petitioner in admission to the Ph.D Course in the Department of the Interdisciplinary Studies and in the course (Rural Development). As this course .
is running since 2020 till 2022.
(ii). That the Respondents may kindly be directed to allow petitioner for fresh counseling in their respective subject and may kindly allow her to continue with other counter parts for the same session as mentioned in the admission notice dated 10-11-2023.
Substantive relief prayed in CWP No.3891 of 2024 is as under:- r "a) Issue an appropriate writ, order or direction to the respondent department to consider the letter dated 25.04.2024 (Annexure P-5) and advertise the seats for Ph.D. Programme in the department of Interdisciplinary Programme in the interest of justice.
b) Issue an appropriate writ, order or direction to the respondents to give opportunity to the petitioner to appear in the entrance test for Ph.D. Programme in the interest of justice."
3. Orders passed in the matter.
These matters have been listed many times. In all these hearings, requests for adjournments have been made on behalf of the respondent-University for placing on record the decision of the Committee. Adjournments have been granted to the University to take the final decision and place it on record of the case.
::: Downloaded on - 02/08/2024 20:34:14 :::CIS -5-3(i). It will be appropriate to first refer to following order passed on 25.04.2024, where noticing that the .
Committee constituted in the year 2022 had still not been able to take decision in the matter, causing hardships to the students, the University was directed to clarify as to how much more time the Committee would take to submit its report:-
r to Order dated 25.04.2024 "Perusal of the reply filed by the respondent University reveals that vide Notification No.1- 3/2022-HPU(DS) dated 8.8.2022, a Committee already stands constituted by the respondent- University to examine the issue of admission in Ph.D course in the subject of Interdisciplinary Studies and Ph.D Rural Development. Though, Committee was constituted in August, 2022, but till date, no decision has been taken, as a result thereof, students desirous of doing Ph.D courses in aforesaid disciplines are facing hardship, especially who are recipient of Junior Research Fellowship (JRF).
Learned counsel for the respondent-
University to have instructions that in how much time, Committee would conclude the proceedings and submits its report.
List on 2.5.2024."
3(ii). On the next date, it was informed that the Committee had taken a decision but the same was to be placed before higher bodies of the University for approval.
::: Downloaded on - 02/08/2024 20:34:14 :::CIS -6-Following order was passed by the Court with hope of prompt decision by the higher bodies, while expressing its .
serious concern that failing decision by the Committee, the Court would be compelled to direct provisional admissions to the students in the concerned streams:-
Order dated 02.05.2024 "While placing on record communication dated 01.05.2024, issued under the signatures of Registrar, Himachal Pradesh University, Shimla, Ms. Archana Dutt, learned counsel representing the respondent, states that the committee constituted by the Executive Council of the University though has taken certain decisions, but same are to be placed before the higher requisite bodies of the University i.e. Academic Council for approval. Since Committee has already furnished its report to the University, coupled with the fact that students desirous of doing Ph.D courses in aforesaid disciplines are suffering for no fault of them, this Court hopes and trusts that appropriate action on the report given by the Committee shall be taken by the Academic Council expeditiously, preferably within a period of two weeks, failing which, this Court shall be constrained to order to the University to grant provisional admission in the stream concerned.
List on 31.05.2024."
3(iii). Final opportunity was granted to the respondents under following order passed on 05.07.2024 to place on record the decision in terms of order dated 02.05.2024:-::: Downloaded on - 02/08/2024 20:34:14 :::CIS -7-
Order dated 05.07.2024 "Learned counsel for the respondent(s) prays for and is allowed final opportunity to place on record instructions in terms of order dated .
02.05.2024.
List on 11.07.2024."
3(iv). On 11.07.2024, instructions were placed on record by the respondent-University informing that:- on the basis of recommendations made by the Committee, the Standing Committee of the Academic Council had taken a decision on 02.05.2024; The University had notified the said decision on 29.05.2024; But the Executive Council in its meeting convened on 14.06.2024 has stayed the implementation of the notification dated 29.05.2024 and instead constituted a High Powered Committee to examine the issue of Ph.D. degree in Rural Development & Sustainable Rural Development.
Taking note of above, vide detailed order passed on 12.07.2024, one more final opportunity of a week was granted at the request of learned counsel for the University to place the decision of High Powered Committee on record.
3(v). When the matter came up for hearing next on 22.07.2024, again request was made by learned counsel for ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -8- the respondent-University for adjourning the hearing by two more weeks for placing on record the decision of the High .
Powered Committee. In light of orders previously passed in the matter, following order was passed on 22.07.2024 requesting for presence of the Registrar and the Dean of Studies of respondent-University in the Court on 29.07.2024:-
r to Order dated 22.07.2024 "Learned counsel for the respondent- university again seeks two weeks time for taking decision in the matter.
Despite repeatedly adjourning the matter to enable the respondent-university to take decision for admission to Ph.D course in Rural Development/Sustainable Rural Development in the Department of Interdisciplinary Studies and Department of Lifelong Learning, no decision as yet has been taken.
Final opportunity granted to the respondent- university for taking decision and to place the same before the Court vide order dated 12.07.2024 has also not been availed.
In light of order passed on 12.07.2024, let respondent No.1 (in CWP No.10923/2023) and respondent No.2 (in CWP No. 3891/2024) to remain present in the court on the next date of hearing.
List on 29.07.2024."
3(vi). The next hearing of the case on 29.07.2024 was attended by the Registrar, the Dean of Studies and Professor ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -9- Sunil Deshta, a member of the High Powered Committee. The order was passed as under:-
.
Order dated 29.07.2024 "Sh. Virender Sharma, Registrar, Dr. Sunil Deshta, member of High Powered Committee and Dr. B. K. Verma, Dean of Studies, Himachal Pradesh University, have attended the hearing. Some valuable inputs and submissions have been made by the Registrar, Dr.Sunil Deshta and Dean of Studies. The Court has also interacted with all the above officers. The matter has also been heard.
List on 30.07.2024."
4. Consideration.
From the instructions placed on record on different dates by the learned counsel appearing for the respondent-University and the submissions made by learned counsel for the parties and the inputs of the academicians as also of the Registrar of the respondent-University, who attended the hearing on 29.07.2024, it comes out that:-
4(i). The Committee constituted by Executive Council on 08.08.2022 had taken the decision on 18.03.2024 and furnished following report:-
"1. After detailed deliberations the Committee recommended that both departments will approve the nomenclature of PhD programme afresh from the relevant academic bodies such as Board of Studies, Faculty, Academic Council within one month from the date of issue of letter from the Academic Branch. The ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -10- Committee recommended that the PhD degree may be awarded as under:
Sr. Name of Existing Proposed
No. Department nomenclature of nomenclature of
.
PhD Degree PhD Degree
(i) Department of Life PhD in PhD in Rural
Long Learning Sustainable Development
Rural
Development
(ii) Department of PhD in Rural PhD in
Interdisciplinary Development Development
Studies (DIS) Studies
The recommendations under Point 1 above will be applicable to both existing and prospective students of both Departments and synopsis will be approved accordingly.
2. PhD admissions in both departments will be resumed after approval of relevant bodies provided if both the departments fulfill UGC conditions to offer PhD programme.
3. The Committee also recommended that after approval of the proceedings, the same be sent to the Academic branch for information and further necessary steps to be followed for its implementation."
4(ii). The above report furnished by the Committee on 18.03.2024 was deliberated by the Standing Committee of the Academic Council in its meeting convened on 02.05.2024. The Standing Committee of Academic Council approved the recommendations of the Committee for changing the nomenclature of Ph.D. programmes in both departments. It resolved as under:-
"Decision: The Standing Committee of Academic Council after detailed deliberations on the issue approved that ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -11- the proposal regarding award of Ph.D degree to the existing students of the following Departments, as under::
Sr. Name of Existing Proposed
.
No. Department nomenclature nomenclature
of PhD Degree of PhD Degree
(i) Department of Life PhD in PhD in Rural
Long Learning Sustainable Development
Rural
Development
(ii) Department of PhD in Rural PhD in
Interdisciplinary Development Development
Studies (DIS) Studies
The Committee discussed the matter threadbare and unanimously decided as under:
1. The Standing Committee of the Academic Council approved the recommendations of the Committee constituted vide Notification No. 1-3/2022-HPU(DS) dated 08-08-2022 to change the nomenclature of PhD programs in both departments.
2. The Standing Committee of the Academic Council recommended that the nomenclature of the Master's program be changed from MBA Rural Development to MBA Development Studies from the next session, i.e. 2025-2026 as the admission process of the ensuing session (2024-2025) has already started.
3. The Standing Committee of the Academic Council recommended that points referred to (1) & (2) be approved afresh from the relevant academic bodies BoS/ Faculty/ Academic Council/etc. only then fresh admission to PhD programs at both can be restored.
Till then admission to PhD programs at both shall remain suspended."
4(iii). The above decision of the Standing Committee was notified by the University on 29.05.2024 as under:-
"Notification The Standing Committee of the Academic Council vide item No. 2 of its meeting held on 02.05.2024 has approved that the Ph.D. Degree to the existing Ph.D. ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -12- students of following Departments will be awarded, as under:-
Sr. Name of Deptt. Nomenclature of Ph.D. Degree No. .
1 Department of Life Ph.D. in Rural Development Long Learning.
2 Department of Inter- Ph.D. in Development Studies
disciplinary Studies
(DIS)
The Standing Committee of the Academic Council further decided as under:-
1. The Standing Committee of the Academic Council approved the recommendations of the committee dated 18.03.2024, as per annexure to change the nomenclature of Ph.D. programs in both departments.
2. The Standing Committee of the Academic Council recommended that the nomenclature of the Master's Program be changed from MBA Rural Development to MBA Development Studies from the next session i.e. 2025-2026 as the admission process of the ensuing session (2024-2025) has already started.
3. The Standing Committee of the Academic Council recommended that points referred to (1) & (2) be approved afresh from the relevant academic bodies BOS/Faculty/ Academic /etc. only then - fresh admission to Ph.D Programs at both Deptts. can be restored. Till then admissions to Ph.D Programs at both Deptts. shall remain suspended."
4(iv). The above decision taken by the Standing Committee of Academic Council as notified by the respondent-University on 29.05.2024 was placed before the Executive Council. The Executive Council in its meeting convened on 14.06.2024 resolved not to implement the decision of Standing Committee of Academic Council notified on 29.05.2024. The Executive Council further constituted a ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -13- High Powered Committee for examining the issues of (i) change of nomenclature of staff of Department of .
Interdisciplinary Studies and (ii) issuance of Ph.D. Degree in Rural Development by the Department of Interdisciplinary Studies and the Department of Life Long Learning. The High Powered Committee was directed to submit its report shortly.
The decision taken by the Executive Council in its meeting on 14.06.2024 is excerpted hereinafter:-
"निर्णय:- Shri Harish Janartha, Hon'ble Member, Executive Council informed the Council that this matter needs to be discussed again, in view of the representation submitted by him. Registrar-cum- Member Secretary informed the Council that the State Vigilance and Anti corruption Bureau has sought information related to this matter and the same is yet to be submitted to the State Vigilance and Anti Corruption Bureau. Registrar also informed that a number of representations have been received from students requesting therein to withdraw the notification No. 7-1/2024-HPU(Acad.) dated 29.05.2024. After detailed deliberations it was decided that the matter needs to be examined threadbare by a High Powered Committee. Meanwhile, the decision taken by Executive Council with respect to nomenclature of staff of Department of Interdisciplinary Studies (DIS) in its previous meeting be held in abeyance. Also, the notification No. 7-1/2024-HPU(Acad.) dated 29.05.2024 will not be implemented.
Accordingly, it was decided to constitute a High Powered Committee as under:-
1 Prof. Neelima Kanwar - Chairperson (EC Member) 2 Prof. Mamta Mokta - Member 3 Prof. S.L. Kaushal - Member (Dean, Environmental Development and Sustainability Studies) 4 Prof. Aparna Negi - Member ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -14- 5 Prof. Sunil Deshta - Member 6 DR (Teaching) - Convener (for academic aspects of the matter) 7 DR (Estt.) -Convener (for Establishment aspects of the matter) .
This committee will examine the issue of change of nomenclature of staff of Department of Interdisciplinary Studies (DIS) and issuance of Ph.D. Degree in Rural Development by Department of Interdisciplinary Studies (DIS) and Department of Life Long Learning. The Committee will submit its report shortly."
4(v). At the request of the learned counsel for respondent-University, these writ petitions have been repeatedly adjourned awaiting the decision of the respondent-University on the issue. The time as requested by learned counsel has been allowed to the respondent-
University time & again. Detailed orders (already extracted above) were passed in the writ petitions emphasizing the necessity of urgent decision in the matter for protecting the interests of students. Despite passing of elaborate orders giving repeated opportunities to the respondent, no firm decision has been taken in the matter till date. Even the final opportunities granted to the respondent-University for taking the decision and placing the same on record of the writ petitions has not been availed.
::: Downloaded on - 02/08/2024 20:34:14 :::CIS -15-Faced with this and pursuant to the order dated 22.07.2024, the hearing of the case on 29.07.2024, was .
attended by Sh. Virender Sharma, the Registrar, Dr. Sunil Deshta, Member of the High Powered Committee and Dr. B.K. Verma, the Dean of Studies of Himachal Pradesh University. Learned Academicians and the Administrative Officer of the respondent-University were unison in their view that delay in taking decision in the matter was indeed affecting the interests of the students, who were desirous in taking admission in Ph.D. courses concerned. Dr. B.K. Verma, Dean of Studies, expressed his helplessness in going ahead with the admission process in concerned Ph.D. courses, in view of the decision taken by the Committee constituted on 08.08.2022. According to the Dean of Studies, this Committee was constituted by the Executive Council on 08.08.2022 to examine the matter regarding offering of two degrees with the same subject and this Committee had taken a decision for stopping fresh admission process in Ph.D. (Rural Development) in the Department of Interdisciplinary Studies and Ph.D. (Sustainable Rural Development) in the ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -16- Department of Life Long Learning, therefore, admissions cannot be made in Ph.D. course in the concerned subject.
.
4(v). The above contention cannot be accepted at this stage, more particularly in view of given cumulative facts as have come on record:-
4(v)(a). Firstly, no such decision of the Committee constituted on 08.08.2022 stopping further admission r to process in Ph.D. (Rural Development) in the Department of Interdisciplinary Studies and Ph.D. (Sustainable Rural Development) in the Department of Life Long Learning has been placed on record.
4(v)(b). Secondly, assuming there was, such decision of the Committee which has been referred to by the Dean of Studies in his office communications dated 18/21.07.2023, then also it has to be borne in mind that the Committee constituted on 08.08.2022 had already furnished its report to the Academic Council of respondent-University on 18.03.2024. The Committee is no more in existence today.
The Standing Committee of Academic Council has already approved the recommendations of the Committee dated 18.03.2024 in its meeting held on 02.05.2024. The decision ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -17- of the Standing Committee of Academic Council was notified on 29.05.2024 as under :-
.
"Notification The Standing Committee of the Academic Council vide item No. 2 of its meeting held on 02.05.2024 has approved that the Ph.D. Degree to the existing Ph.D. students of following Departments will be awarded, as under:-
Sr. Name of Deptt. Nomenclature of Ph.D. Degree No. 1 Department of Life Ph.D. in Rural Development Long Learning.
2 Department of Inter- Ph.D. in Development Studies
disciplinary Studies
r(DIS)
The Standing Committee of the Academic Council further decided as under:-
1. The Standing Committee of the Academic Council approved the recommendations of the committee dated 18.03.2024, as per annexure to change the nomenclature of Ph.D programs in both departments.
2. The Standing Committee of the Academic Council recommended that the nomenclature of the Master's Program be changed from MBA Rural Development to MBA Development Studies from the next session i.e. 2025-2026 as the admission process of the ensuing session (2024-2025) has already started.
3. The Standing Committee of the Academic Council recommended that points referred to (1) & (2) be approved afresh from the relevant academic bodies BOS/Faculty/Academic/etc. Only then fresh admission to Ph.D Programs at both Deptts. can be restored. Till then admissions to Ph.D Programs at both Deptts. shall remain suspended."
The decision of the Standing Committee as notified on 29.05.2024 was not approved by Executive Council in its meeting convened on 14.06.2024. Even the ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -18- decision taken by the Standing Committee to refer points No. (1) & (2) for fresh approval from relevant academic bodies .
and to keep admission in Ph.D. programs in both Departments suspended till such time, was not approved.
The Executive Council in terms of its resolution/decision dated 14.06.2024, merely decided that notification dated 29.05.2024 (the decision taken by the Standing Committee of Academic Council) will not be implemented. There was no endorsement by the Executive Council for stopping fresh admissions to the subject Ph.D. programs in the Department of Interdisciplinary Studies. All the Executive Council did on 14.06.2024 was to constitute a High Powered Committee for examining the issue of Ph.D. (Rural Development) in the Department of Interdisciplinary Studies and Department of Life Long Learning. The decision of the High Powered Committee is yet awaited.
Pertinently, out of seven members of the High Powered Committee, the five members figuring at Serial Nos.2, 3, 4, 6 and 7 were also the members of the Committee constituted by the Executive Council on 08.08.2022, which had already furnished its recommendations on 18.03.2024 ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -19- and which had also been approved by the Standing Committee of the Academic Council on 02.05.2024.
.
It will also be pertinent to note here that Professor Sunil Deshta, Member of the High Powered Committee, figuring at Serial No.5, pointing out to his following view recorded in minutes of the High Powered Committee dated 19.07.2024, stated during hearing of the case on 29.07.2024 departments runder to that Ph.D. degree should be awarded by both the concerned single faculty of Environment Development and Sustainability Studies without compromising the individual character of Department of Interdisciplinary Studies (DIS) and Department of Life Long Learning (DLL) :-
"I am of the considered view that the Ph.D. degrees be awarded by both the Departments, i.e. DIS and DLL in Rural Development. Further, both the departments be placed under a single faculty, i.e. Faculty of Environment Development and Sustainability Studies without compromising the individual character of DIS and DLL."::: Downloaded on - 02/08/2024 20:34:14 :::CIS -20-
4(v)(c). Though the above sequence of events clearly make out that there is no embargo at present for admission .
process in the subject Ph.D. course in Department of Interdisciplinary Studies, however, even assuming that an undisclosed decision still exists for not proceeding ahead with the admission process in Ph.D. course in the aforesaid Department, the same will not be in the interest of students the facts that :-
r to and also not in consonance with law. This is apparent from The respondent-University is governed by its Ordinances. Dr. Sunil Deshta (member of High Powered Committee), the Registrar of the respondent-University and Dr. B.K. Verma, the Dean of Studies, who attended the hearing of the case on 29.07.2024 fairly admitted that: The University is governed by its Ordinances; That in terms of the Ordinances and in terms of the approved amendments to the First Statutes of the Himachal Pradesh University, a notification was issued on 24.01.2017 proposing to make following amendments:-
"The following amendments to the First Ordinances of the Himachal Pradesh University, as approved by the Executive Council in its meeting held on 14.08.2015 under the powers vested in it under section 40(2) of the Himachal Pradesh University Act-1970 read with Statutes ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -21- 26(2) of the First Statutes of the University and assented to by the Hon'ble Chancellor under section 40(3) of the Act ibid as conveyed by the Chancellor's office vide letter No.4-37/76-GS-V dated 23.01.2017 are hereby notified for information and necessary action accordingly:-
.
Res. Ord. Title Proposed Amendments
No. No.
10 1.4 Amendment/ xx xx
New Additional
(1) A. MBA (Rural Development)
1 (i) Minimum qualifications for admission
(5) to MBA (Rural Development) shall be
Bachelor Degree in any discipline under 10+2+3 pattern of education or its equivalent from any recognized Institute/ University with at least 50%(45% in case of SC/ST) marks in aggregate.
xx xx
xx xx
H. Ph. D Programme in Rural
Development (Inter-disciplinary)
(i) Minimum qualification for admission to Ph.D Programme in Rural Development shall be UGC-NET/ M.Phil in Rural Development/ Commerce/ Sociology / Social Work/ Economics/ Political Science/ Public Administration OR its equivalent from any recognized University / Institute.
(ii) The number of seats will be as per University norms.
(iii) Ph.D Programme will be a full time regular course of study pursued by regular attendance in classes and seminars.
(iv) The duration of the course approval of research supervisor, research topic etc. will be based on University norms."
The above notification was approved & accented to by the Hon'ble Chancellor of the University. The amendments are in force. Vide notification dated 08.03.2018, ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -22- First Statutes of the respondent-University have been amended as under:-
.
'NOTIFICATION' The following amendments to the First Statutes of Himachal Pradesh University having been approved by the Executive Council of the University in its meeting held on 14-08-2015 under the provisions of Section 39(2) of the Himachal Pradesh University Act, 1970 and assented to by the Hon'ble Chancellor under Section 39(3) of the aforesaid Act as conveyed by the Chancellor's Office vide letter No. 4-36/75-GS dated 08.03.2018 is hereby notified for general information and necessary action:-
Res. Statute Amendment Proposed Amendment No. No. 10(1) 13(1) (iii) 1. In Statute 13(1)(iii), after Faculty shall (5) be added, namely:-
"9. Faculty of Environment r Development and Sustainability Studies.
1. Institute of Integrated Himalayan Studies: Department of Interdisciplinary Studies (UGC Centre of Excellence).
(i) School of Environmental Science.
(ii) School of Development Studies.
(iii) School of Liberal Arts.
The above amendment has been assented on the following terms and conditions:-
"1. प्रस्तावित विभागों/संकायों को अधिनियम के अनुसार सृजन किये जाने के पश्चात् वहां पर सभी अध्यापकों का चयन विश्वविद्यालय के नियमों के अनुसार ही किया जाएगा।
2. यदि IHS में प्रस्तावित नये विषयों को पहले से ही विश्वविद्यालय के अन्य विभागों में पढ़ाया जा रहा है तो विश्वविद्यालय इस बात को भी सुनिश्चित कर ले कि किसी भी विषय की पुनरावृति नये संकायों के सृजन के समय न हो।"
The Ordinance is still in force and the availability of Ph.D. course (Rural Development) in the Department of Interdisciplinary Studies is still being reflected in the Ordinance. The Ordinance permits admission to Ph.D. programme in Rural Development in the Department of ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -23- Interdisciplinary Studies. There is no alive decision at present of the Committee that was constituted on .
08.08.2022 for stopping fresh admission process to the Ph.D. (Rural Development) in the Department of Interdisciplinary Studies. The Committee had already furnished its report on 18.03.2024, which was considered by the Standing Committee. The Standing Committee of the Academic Council of the respondent-University had taken certain decisions on 02.05.2024 as notified on 29.05.2024, on the recommendations of the above Committee, including the decision that till points referred (1) and (2) in its decision are approved by the relevant academic bodies, the fresh admission to Ph.D. programme in both the departments shall remain suspended. However, the Executive Council on 14.06.2024 decided not to implement the decision of the Standing Committee. Hence, at present there is no decision of any competent authority imposing any embargo for not admitting the students in Ph.D. programme in the concerned subject.
Apart from above, learned Senior Counsel for the petitioner also pointed out that even during currency of ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -24- decision of the Committee constituted on 08.08.2022, the respondents have made five admissions in Ph.D. (Rural .
Development) in the Department of Interdisciplinary Studies during the year 2022 and four admissions in Ph.D. (Sustainable Rural Development) in the Department of Life Long Learning during the year 2023. Reference was also made to office communication dated 25.04.2024 (Annexure P-5) in CWP No.3891 of 2024, addressed by the Department Council of Department of Interdisciplinary Studies to the Dean of Studies, Himachal Pradesh University. In terms of this office communication, seven seats are lying vacant in Ph.D. (Rural Development) in the Department of Interdisciplinary Studies. As per the communication, the seats are lying vacant for past two years.
According to the learned Senior counsel for petitioner, petitioner in CWP No.10923 of 2023 is a Junior Research Fellowship holder (NET qualified); In terms of her qualification she is entitled to direct admission in Ph.D. (Rural Development) in the Department of Interdisciplinary Studies; Because of the decision of the respondents in not admitting the students to the aforesaid Ph.D. programme, ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -25- she has already lost more than a year. This has also caused mental agony & financial loss to the petitioner.
.
The petitioner in the CWP No.3891 of 2024 is MBA in Rural Development. According to the petitioner, he is also eligible for admission to Ph.D. (Rural Development) in the Department of Interdisciplinary Studies through entrance test.
Be that as it may. The question of eligibility of the petitioners is not being adjudicated in the instant writ petitions.
4(v)(d). There cannot be an indefinite wait for a decision which is again subject to further deliberation/approval of several higher bodies in hierarchy of the University. The interests and career of students desirous of taking admission in the concerned streams in the interregnum cannot be brushed aside.
5. In view of the above discussion, more particularly, in above paras 4(i) to 4(v), case has been made by the petitioners to direct the respondent-University to act in accordance with its Ordinances as amended vide notification dated 24.01.2017 and 08.03.2018 and to proceed further in ::: Downloaded on - 02/08/2024 20:34:14 :::CIS -26- the matter for initiating admission process in Ph.D. course in Rural Development in the Department of Interdisciplinary .
Studies. This recourse would not only be in the interests of the students but would also be in consonance with the ordinances of the respondent-University and would not be contrary to any of the decisions of the respondent-University placed on record of the case. Ordered accordingly. The admission process in Ph.D. course in Rural Development in the Department of Interdisciplinary Studies be started within two weeks from today. It may also be clarified that any decision taken by the High Powered Committee as approved by the respondent-University be applied prospectively from the date of final decision and will govern future admission process to the Ph.D. course in the concerned subjects/streams.
The writ petitions are disposed of in above terms.
Pending miscellaneous application(s), if any, are also disposed of.
Jyotsna Rewal Dua 30 July, 2024 th Judge (Pardeep) ::: Downloaded on - 02/08/2024 20:34:14 :::CIS