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1. This petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner who had been provisionally registered for Ph.D. Course in 'Child Psychology' seeking direction to the respondents to accept the thesis prepared by her on the subject 'An Experimental Study on the role of Message Inadequacy in Causing Communication Failure in children' when it was submitted. The petitioner has also sought for the issuance of writ, order or direction in the nature of writ of Certiorari quashing the communication of the respondents bearing No. Aca V/Ph.D/Regn/ Psy/88-89 dated 6th July 1989. The petitioner has also sought a direction to complete, all formalities connected with Ph.D. examinations and such other reliefs as the Court may deemed fit.

The petitioner's case is that after considering the various relevant factors to assess the eligibility of the petitioner to take the research work on the chosen problem, she was granted a provisional registration on 14.6.1988. The petitioner thereupon submitted her synopsis and also the half yearly report to her guide on 19th October 1988. The Guide of the petitioner had made correspondence with the Head of the Department - Psychology seeking conducting of Pre-Ph.D. examination. The petitioner has been awarded a Doctorate Fellowship for her chosen work by the Indian Council of Social Science Research. The fellowship was fixed at Rs. 1,200/- per month and contingency grant of Rs. 3,000/- per annum had also been allowed. On two counts, the petitioner received a sum of Rs. 8,700/- from the Council and she spent the entire amount for the purpose of research work. During the course of her intensive and immense study, the petitioner had interaction with as many as 800 children. A copy of the Fellowship Award has been enclosed to the Writ Petition. The petitioner has filed this Writ Petition at the time when her thesis was on the verge of completion and was ready to be submitted.

"The provisional registration of a candidate shall be confirmed after the applicant has passed the pre-Ph.D. examination which shall be conducted after the completion of one year from the date of provisional registration of the applicant."

Regulation 2.4 further provides for the schemes of pre-Ph.D. examination and about its contents as well as it refers to the papers and viva-voce etc. Clause F of Regulation 2.4 provides that the candidate shall be declared as successful in Pre-Ph.D. examination if the candidate secures marks not less than 50 per cent in aggregate and a minimum of 40 per cent in each of the written papers as well as in viva voce examination. Regulation 2.5 provides that if a candidate is not successful in Pre-Ph.D. examination in the first attempt, he may be given one more chance to appear for the entire examination after six months from the date of previous examination. As per Regulation 2.6, in case the candidate is not successful even in the second appearance/attempt in the Pre-Ph.D. examination, his provisional registration shall be cancelled. Regulation 2.7 provides an exception to candidates with M.Phil/M.S. degree of either Bangalore University or of any other University recognised as equivalent thereto that such candidates shall be exempted from taking Pre-Ph.D. examination provided he satisfies the Ph.D. Registration Committee that the field chosen for research is in conformity with the Course undertaken for the M.Phil/M.S./MD degrees and such candidates shall be registered for Ph.D. Course directly. As per Regulation 2.8, it is provided that the candidate whose registration is confirmed will work for a minimum period of three years from the date of provisional registration under the supervision of the guide. However, in case of candidates with M.Phil, M.S. and M.D. degrees, the minimum period prescribed is two years. The period for submission of thesis by the candidates as provided under Regulation 2.9 is that a candidate should complete research work and submit thesis to the University within five years from the date of registration. No doubt it provides that in case of exceptional nature, extension of the prescribed period may be permitted by the Ph.D. Registration Committee on the recommendation of the guides, but such an extension cannot be for more than one year. But if within a period of six years, a candidate so registered fails to submit his/her thesis, then his/her registration shall automatically stand cancelled. Regulation 2.9 provides that this period of limitation of five years rule will not apply to teachers of the University/affiliated colleges and research assistance who cannot carry out full time research and in their case, the maximum period has been prescribed to be seven years beyond which their registration will automatically stand cancelled. That under Regulation 2.11 it is provided that no candidate shall without previous permission of the Ph.D. Registration Committee join any course of study other than those connected with Ph.D. Programme concerned nor shall he appear for any other examination conducted by the University or by any other University during the period of registration. Regulation 2.12 requires that every candidate has to submit a half yearly report regularly through the guide and send the copy thereof to the Head of the Department. That as per Regulation 2.13, if the two consecutive half yearly progress reports of a candidate are not satisfactory, the Ph.D. Registration Committee may cancel the registration of such candidate. Regulation 2.14 provides that in case a candidate fails to submit two consecutive half yearly progress reports in time, his registration shall be cancelled provided he has not obtained the prior permission of the University.

14. Thus considered in my opinion, the cancellation order which has been passed subsequently in the year 1991 brought to the notice of Court by the learned Counsel for the University as well as the order dated 6.7.1989 copy of which is annexed as Annexure-F whereby it had been recommended that the provisional registration granted to the petitioner to be withdrawn are without power, without jurisdiction. It is well settled that when power is given to the Committee or person or authority under and circumscribed by certain conditions, certain circumstances then that power can be/could be exercised only in those conditions and not otherwise . The University has also permitted one Mrs. C.V. Geetha as per uncontroverted allegations made under similar circumstances to appear and to submit the thesis and she has been granted Ph.D. degree. It appears just and proper that the University ought not have as well as could not have passed the order of cancellation of the petitioner's provisional registration vide their letter dated 30.12.1991. In the circumstances, it appears just and proper that the letter and orders dated 6.7.89 and 31,12.1991 be held to be illegal, null and void and inoperative and that the respondents be directed to complete the formality and to hold the petitioner's pre-Ph.D. examination within a period of four months from the date of communication of this order as well as permit the petitioner to submit her thesis on the subject and that the petitioner's thesis be considered for valuation in case the petitioner passes pre-Ph.D. examination either in the first attempt or in the second attempt as per provisions contained in Regulations 2.5 and 2.6. Thus considered the Writ Petition is hereby allowed holding order letter dated 6.7.89 Annexure-F and letter order dated 31.12.91 cancelling or withdrawing petitioner's provisional Ph.D. registration to void and null and inoperative and it is directed: