Dr.M.Davamani Christober vs Alagappa University on 2 July, 2014
Apart from all those things, it is also an undisputed
fact that, based on the above thesis papers only, the Alagappa University has
granted the Ph.D degree to the petitioner with interdisciplinary subject.
After having granted the said degree, based on the above materials, if the
University wants to withdraw or cancel the same on some other reason viz.,
Guide and Co-guide were not from the Mathematics Department and that the
petitioner has submitted his application only for registering his name for
Ph.D programme in Education subject only, it should have certainly put the
petitioner on notice and sought his objection or explanation, before taking a
decision. Undoubtedly such exercise is very much essential as the proposed
action affects the civil right of the petitioner. No doubt, the learned
counsel appearing for the Alagappa University relied on the decisions reported
in 2011 (12) SCC 172 (Commissioner of Central Excise, Mumbai Vs. Bharat
Bijlee Limited) ; 2010 (2) CTC 489 (Santosh Vs. Jagat Ram and Another) and
2008 (1) CTC 230 (M.Kandasamy Vs. The District Collector and others)
to contend that the petitioner has suppressed the material facts and that the
University has jurisdiction to correct the error when the mistake is apparent
on the face of the records. I fail to understand where is the suppression.