Madhya Pradesh High Court
Dr. Pramod Kumar vs Baraktullah University Judgement ... on 22 November, 2013
1
W.P. No.19796/2013
22/11/2013 :
Shri Vivek Agrawal, learned counsel for the
petitioners.
Petitioners have filed this writ petition challenging
the order Annexure P/1 dated 22.2.2012 passed by the
respondent Barakatullah University in the matter of
granting or permitting the petitioner to undertake a Ph.D. Course. As the legal controversy involved in this writ petition already stands concluded by a judgment rendered by a Division Bench of this Court in the case of Dr. Jeetendra Gupta Vs. Barkatullah Vishwavidyalaya, Bhopal - W.P. No.15990/2012 decided on 8.5.2013 vide Annexure P/7, this petition is being disposed of at this stage without notice to the respondents.
Petitioners enrolled themselves for obtaining a Ph.D. Degree in the subject of Chemistry. The petitioners were enrolled for the said purpose vide Annexure P/2 on 30.12.2003 and approval of the research work was granted to the petitioners vide Annexure P/5 on 12.8.2008. It is said that the petitioners have completed and have already submitted the thesis but further action is not being taken for concluding the procedural formalities for awarding the decree only on the ground that now in view of notification issued by the Executive Council of the University on 22.2.2012 the petitioners have to undertake 2 the prescribed course work and until and unless the prescribed Course work is not completed by the petitioners, the petitioners cannot be permitted to participate in the process of selection.
The question involved with regard to enforcing the notification dated 22.2.2012 issued by Barkatullah University, Bhopal to students who had already been registered or to whom certain procedural formalities for awarding the Ph.D. Degree has been initiated prior to 22.2.2012 has also been considered and decided by the Division Bench in the case of Dr. Jeetendra Gupta (supra). After taking note of the provisions of Clause 13 of the University Grants Commission (Minimum Standards and Procedure For Awards of M.Phil/ Ph.D. Degree) Regulations 2009 and the Gazette Notification of the Government of India in para 5 to 7 of its judgment rendered in the case of Jeetendra Gupta (supra), the Division Bench of this Court has held that the University Grants Commission in its second meeting has clarified the position and it has been held that candidates who have obtained the Ph.D Degree or who have registered before coming into force of the amended regulation are not liable to undertake the course work again. It was only after taking note of these provisions that if a candidate has got registration before issuance of notification dated 22.2.2012 then a candidate cannot be compelled to undertake the course work as the registration is prior to 3 coming into force of the said notification dated 22.2.2012. It has been held that notification will not have a retrospective effect and the registration obtained by the candidate prior to 22.2.2012 will not be covered by the procedure contemplated in the notification.
Keeping in view the aforesaid legal principles laid down by the Division Bench which is after following certain judgments of the Allahabad High Court, prima facie the action of the respondents in issuing the order Annexure P/1 and compelling the petitioners to undertake the one year Course work seems to be unsustainable.
In view of the above it is directed that on the petitioners' filing a certified copy of this order along with relevant documents and copy of order passed by the Division Bench in the case of Jeetendra Gupta (supra) matter shall be reconsidered and a decision taken afresh in the matter after consider the law laid down by the Division Bench within a period of one month from the date of receipt of certified copy of this order.
With the aforesaid, this petition stands disposed of.
c.c. as per rules.
(Rajendra Menon) Judge Mrs.mishra