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(6) The thesis shall be accompanied by a declaration signed by the candidate that it has not previously formed the basis for the award of any degree, diploma, associateship, fellowship, or other similar title or recognition. The candidate shall also submit a report by the Supervising Teacher certifying that the thesis is a record of bona fide research carried out by the candidate.

(7) In addition to the thesis, the candidate may submit, as additional evidence, any memoir or work published by him alone or jointly with others. The thesis shall be valued by a Board of Three Examiners appointed for the purpose by the Syndicate. The candidate may be required to undergo, at the direction of the Examiners, an oral and/or practical test on the subject of the thesis.

(8) The report of the Examiners shall be considered by the Syndicate. If the candidate is adjudged worthy to be awarded the degree, a resolution to that effect shall be passed by the Syndicate and the candidate shall be admitted to the Degree under the prescribed conditions.

(9) If the thesis is not approved for the award of the Degree, the candidate may submit after an interval of not less than six months, a new or a revised thesis, together with the same fee. The procedure prescribed in the preceding clauses shall be followed in respect of this thesis also.

(10) A candidate shall not be allowed to submit his thesis on more than two occasions:

Provided that it shall be competent for the Syndicate, if the Board of Examiners so recommend, to permit the candidate to submit his thesis for a third time.
(11) The thesis, whether approved or not shall not be published without the sanction of the Syndicate, and the Syndicate may grant permission for the publication under such conditions as it may think fit to impose."
Going by the same, on the syndicate adopting a resolution of awarding of Degree of Doctor of Philosophy, the candidate shall be admitted to the degree. Therefore, formal awarding of the degree by the senate in a convocation is only a further formality, in so far as the Act and Statutes do not contemplate any procedure to be followed after a resolution of the Syndicate for the purpose of awarding of degree, although Section 19(2)(j) of the Kerala University Act confers power on the Senate to cancel any degree, diploma, title or any other distinction granted to any person in accordance with the provisions of the Statutes. Admittedly in the case of other degrees, once results of the examination conducted for ascertaining the eligibility for the award of the degree are published, the candidates who have passed the examination become eligible for the degree. As such, the date of acquisition of qualification in the case of other degrees is the date when the results of the examination are published and not the date when the Senate awards the degree certificate. There also, the degree is actually awarded by the senate after the syndicate decides to publish the results. Therefore, adoption of the resolution by the syndicate in Statute 4(8) of Chapter 19 of the First Statute is akin to the publication of the results of the examination. This is so because in the award of degree of Doctor of Philosophy does not contemplate passing of an examination. The requirements are to submit a thesis on a particular subject and to undergo an oral and/or practical test on the subject of the thesis. A team of examiners evaluate the thesis and after considering their recommendations, the Syndicate adopts a resolution to award the degree to the candidate, whereupon the candidate shall be admitted to the degree. The Statutes do not prescribe any further procedure on the part of the Senate for awarding the degree. Once the Syndicate adopts the resolution, the Senate awards the degree. Therefore, I am of opinion that the date of acquisition of qualification of Ph.D is the date on which the Syndicate adopts the resolution to award the degree of Ph.D. Going by that date, the 4th respondent had acquired the degree of Ph.D. prior to the last date for submitting applications, viz 6.12.2002, in so far as Syndicate adopted the resolution to award degree to the 4th respondent on 27.11.2004. As such, I am of opinion that the petitioner is not entitled to succeed on the basis of the first ground raised.