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The Delhi High Court Monday allowed Metropolitan Magistrate Twinkle Wadhwa to pursue her Ph.D. course from Delhi University and directed the university to take a decision on her plea to relax the condition on taking a two-year study leave.

The court said the academic council of the university had the power to relax the provisions and directed it to take a decision within two months.

Wadhwa had approached the court after the university refused to allow her to pursue a Ph.D. course in 2009 on the topic “Validity of Pre-nuptial contracts – A comprehensive study” as she was working as a judicial officer.

The university asked her to take study leave of two years.

The division bench of Acting Chief Justice A.K. Sikri and Justice R.S. Endlaw said: “We command the academic council to take appropriate decision for this purpose. The faculty of law shall forward the case of petitioner to be placed before the council which would take the decision on the request of Wadhwa for waiver under the clause within two months.

“The regulation should not come in the way of those trial court judges who wanted to go for a research programme with the choice of subjects connected to their job,” court said, while taking note of the university’s rule.

The court’s order came on a plea by Wadhwa seeking a direction to the university to consider her application for enrolment to the Ph.D. programme.

“The impugned rule under the 2008 regulation was arbitrary and vitiated from unequal treatment because while everyone else was required to apply for a two-year study leave, those employed as teachers in Delhi University colleges and schools could pursue the course and work at the same time,” said Wadhwa in her petition.

The petition requested the court to quash the university’s ordinance necessitating such a condition, and direct the university to consider her application for enrolment to the Ph.D. programme.




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