Court No. - 29 Case :- WRIT - C No. - 36762 of 2010 Petitioner :- Pawan Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- Dr. Neel Kamal Respondent Counsel :- C.S.C.,Anurag Khanna,Ritvik Upadhyay Hon'ble Arun Tandon,J.
The petitioners, who had submitted applications for registration for
the Ph.D Course in the Chaudhary Charan Singh University,
Meerut (hereinafter referred to as the ‘University’) and had been
registered in August, 2009, on the basis of the meeting of the
Research Degree Committee held after 11th July, 2009 have filed
this petition for setting aside the advertisement issued by the
University which requires that such candidates who were
registered for Ph. D. Course as per the Research Degree
Committee meeting held on 11th July, 2009, shall have to qualify
the Research Eligibility Test for their registration to Ph.D. Degree
to be held on 11th April, 2010.
It is stated in the writ petition that in accordance with the
Ordinances framed by the University, the petitioners had submitted
the application forms for registration and the Research Degree
Committee which met after 11th July, 2009 registered the
petitioners but now the University has issued the advertisement in
view of the UGC (Minimum Standards and Procedure For Awards
of M.Phil/PH.D Degree), Regulation, 2009 (hereinafter referred to
as the ‘Regulations’) issued by the University Grants Commission
under Section 26 of the University Grants Commission, Act 1956.
These Regulations came into effect from the date of publication in
the Gazette of India i.e. 11th July, 2009.
It appears that since the registration of the petitioners was not done
in accordance with the aforesaid Regulations, the University issued
the advertisement stating that all those candidates whose Research
Degree Committee was held after 11th July, 2009 shall have to
qualify the Research Eligibility Test for their registration. to Ph.D
Degree.
Learned counsel for the petitioners submitted that as the petitioners
had been registered in accordance with the Ordinances of the
University which have not been amended till date, and as the
petitioners have worked for more than 6 months and have
submitted their six months progress report in accordance with the
provisions of the Ordinances, the University is not justified in
insisting that they should also appear at the Research Eligibility
Test.
Sri Anurag Khanna, learned counsel appearing for the respondent-
University submits that the Regulations clearly provide certain
benefits to the students who are registered in accordance with the
provisions of the Regulations and if the petitioners continue with
the Research without appearing at the test which is being held in
accordance with the provisions of the Regulations, the said
benefits will not accrue to them. He, therefore, submits that it is for
the petitioners to take a decision whether they wish to continue
with their Research without appearing at the Entrance Test. He,
however, is not in a position to state whether the University has
amended the Ordinances or not.
Sri Ritvik Upadhyaya, learned counsel appearing for the
University Grants Commission states that some more time may be
granted to the University Grants Commission to file the counter
affidavit. He has, however, submitted that the aforesaid
Regulations of the University Grants Commission are binding on
the University and in this connection has placed reliance upon the
decision of the Supreme Court in Annamalai University,
represented by the Registrar Vs. Secretary to Government,
Information and Tourism Department & Ors., reported in 2009 (4)
SCC 590.
It is necessary to get the version of the University Grants
Commission before the matter is finally heard, but the University
Grants Commission has not filed its counter affidavit.
The interim protection, which the petitioners have prayed for at
this stage is that they may not be restrained by the University from
continuing with their research work. As stated by Sri Anurag
Khanna, learned Standing Counsel for the University, it is for the
petitioners to decide whether they desire to appear to at the test to
be held by the University pursuant to the Regulations framed by
the University Grants Commission. In such circumstances, the
University shall not restrain the petitioners from continuing with
their Research work merely because they have not appeared at the
Entrance Test or after appearing at the test have not been able to
clear it. This order shall be subject to the decision of the writ
petition and shall not confer any right upon the petitioners.
Counter affidavit by the University Grants Commission may be
filed within two weeks. Rejoinder affidavit, if any, may be filed
within two weeks thereafter.
List this petition for admission/hearing in the week commencing
19th July, 2010 along with the connected writ petitions.
Order Date :- 25.6.2010
yachna