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3. The Hon'ble Chancellor of the University and Opp. Parties 2, 3 & 4 have filed their separate counter affidavits refuting the claim made by the petitioners. In the counter affidavit filed on behalf of the Chancellor of the University, it has been stated that after the issue of U.G.C. guidelines in December, 1998 on revision of pay scales and making Ph.D. the minimum qualification for promotions under Career Advancement Scheme, there was a visible upsurge in the number of applications for Ph.D. registration. In addition to multiplying pressure on the recognized guides and impacting the class room education in an adverse manner, the craze has contributed to the dilution of the standard of Ph.D. work in an alarming manner. In some cases, unscrupulous and manipulative practices were restored to for obtaining Ph.D. degrees by undeserving candidates. Blatant plagiarism, collusive evaluation of dissertations, physical preparation of the thesis by the Guide without real involvement of the scholar, prolonged span of thesis work etc. were the most common aberrations noticed. Red-tapism in disposal of applications for registration, non-referral of thesis to examiners etc. also made it difficult for the scholars. A fool-proof procedure to guard against this was a felt need and, as such, it was put to debate during three consecutive Vice-Chancellors' Conference since August, 2000, Heads of the related departments of the Government and the Chairman, U.G.C. also participated in the deliberations. During the Vice-Chancellors' Conference on 29th September, 2001, the Vice-Chancellor, Sambalpur University was requested to prepare a paper on Ph.D. admission and circulate the same among all other universities. All the Vice-Chancellors were requested to send their study papers on Ph.D. admission to the Chancellor's office before the next Vice- Chancellors' conference. The study paper prepared by the Vice-Chancellor, Sambalpur University was put to debate during the Vice-Chancellors' Conference on 13th May, 2002. There was a broad consensus on the essentiality of the qualifying examination and empanelling a foreign expert in the panel of examiner of the Ph.D. thesis . Thus a model regulation adopted by the Vice-Chancellors' Conference on 13th May, 2002 was with the professed intention of making the pursuit of doctoral degree a serious business. It meant to ensure that the scholar physically works for the degree, acquaints himself with the latest knowledge in the field and contributes his bit. The new regulation envisages a four stage research career for a candidate. At the outset, the candidate has to take a qualifying examination meant for identifying scholars with aptitude. In the second stage, he has to go through a full fledged course work for a period of one year for acquiring latest knowledge in the field, acquaintance with research methodology and preparation of a research project and dissertation. Candidacy examination at the end of course work for recognizing the candidate as a bona fide research scholar is the next important stage. The fourth and final phase is the actual stage of research scholarship which would span over about two years. The thesis submitted after the research work will be put to an evaluation for quality by the examiners including one foreign examiner. Candidates who have cleared NET and GATE examinations conducted by U.G.C. would be exempted from qualifying examinations, but those having M. Phil degree will enjoy credits for the same. The above broad policy framework drafted by the Vice-Chancellors of Utkal University, Sambalpur University and North Orissa University after the Conference, was expected to put an end to the elements of casualness in research pursuits and confine the research span to three years.

1.2. For the proposed registration either the candidate or the supervisor or the place of research should be within the jurisdiction of the Utkal University.

1.3. The place of research shall be any recognized Research Institute/Post-Graduate department(s), or College(s) where adequate research facilities are available.

Clause 1.4 stipulates that candidates, who satisfy the above conditions, may apply for registration of Ph.D. Degree in the prescribed form available in the University on payment of a prescribed fee. Clause 1.5, however, stipulates that after the applications, completed in all respect, are received and have been considered, candidates shall be eligible for registration, in which event the date of submission of application will be taken as the date of registration. Clause 1.5 of the Regulation clearly stipulates that after the applications completed in all respect, are received and have been considered, the candidates shall be eligible for registration. The date of submission of the application in that even would be taken as the date of registration. Clause 3 of the Regulation stipulates that there shall be two Research Committees to discharge the functions specified, namely, (1) Research Committee of the University (R.C.P.) and (2) Subject Research Committee (S.R.C.). The quorum for such Committee shall be 1/3 of its total number of membership. The Research Committee shall consist of the Vice-Chancellor as the Chair Person, four members of the Syndicate which would ordinarily meet once every month and its function shall be (a) to decide on the eligibility of an Institution as a place of research, (b) to oversee the appointment of examiners for Ph.D. Thesis, (c) in case of adverse reports of the examiners it shall decide whether the Thesis should be revised and resubmitted or rejected, (d) if the Thesis is to be revised and resubmitted the candidate can do so only after six months and (e) if one of the external examiners recommends the thesis and the other external examiner rejects the thesis then the candidate shall' be given one chance for evaluation of the thesis by another examiner from the above panel.

The Subject Research Committee is to be appointed by the Syndicate and it shall consist of five members expertised in the area concerned from the Post-Graduate Teaching Departments/Institutions. The functions of the Subject Research Committee (S.R.C.) are contemplated in Clause 3.2 of the Regulation. Under Clause 3,2(ii)(a), the Subject Research Committee is to scrutinize all applications for registration of Ph.D. Degree on the basis of eligibility and forward the applications of the candidates to the Controller of Examinations, who is to intimate the candidates about their selection along with the names of supervisor/guide. Clause 4 of the Regulation speaks of procedure for submission of the Thesis. The Regulation in Correction Slip No. 1167 (Annexure-3) came into effect from 1.1.1999 and it was ratified by the Academic Council on 30.4.1999. It remained in force till 3.6.2003.