HIGH COURT OF MADHYA PRADESH, JABALPUR Writ Petition No.15990/2012 Dr. Jeetendra Gupta..………………………………………………..…Petitioner Versus Barkatullah Vishwavidyalaya, Bhopal……………………….Respondent For the petitioner: Shri Anurag Dubey, Advocate. For the respondent : Shri Mahendra Pateriya, Advocate. ……………………………………………………………………………………………… Present : HONOURABLE SHRI JUSTICE AJIT SINGH HONOURABLE SHRI JUSTICE T. K. KAUSHAL .……………………………………………………………………………………………… ORDER
(8.5.2013) The following order of the Court was delivered by : Ajit Singh, J.By this petition, the petitioner has prayed for quashing of notification dated 22.2.2012, Annexure P7, issued by respondent Barkatullah Vishwavidyalaya, Bhopal.
2. The petitioner was registered with the respondent on 14.1.2008 as candidate for the degree of Doctor of Philosophy in Law. Thereafter the Executive Council of the respondent in its meeting held on 27.1.2010 also accepted his name for the award of that degree. The notification dated 29.1.2010 published by the respondent in this regard is Annexure P5.
3. The University Grants Commission (in short, “the UGC”.) in exercise of powers conferred by section 26 of the University Grants Commission Act, 1956 made University Grants Commission (Minimum Standards And Procedure For Awards of M.Phil/Ph.D. Degree) Regulations 2009 (in short, “the Regulations 2009”.). These regulations came into force from the 2 date of their publication in the Gazette of India i.e. 11.7.2009. The regulations prescribe the procedure for admission, course work, evaluation and assessment methods, etc. for Master of Philosophy and Doctor of Philosophy programmes.
4. Clause 13 of the Regulations 2009 prescribe that the students admitted to the Master of Philosophy and Doctor of Philosophy programmes will have to undertake course work for a period of one semester. It reads as under: COURSE WORK 13 After having been admitted, each M.Phil/Ph.D student shall be required by the Universities, Institutions, Deemed to be Universities and Colleges/Institutions of National Importance, as the case may be, to undertake course work for a minimum period of one semester. The course work shall be treated as pre-M.Phil/Ph.D preparation and must include a course on research methodology which may include quantitative methods and Computer Applications. It may also involve reviewing of published research in the relevant field. The individual Universities, Institutions, Deemed to be Universities and Colleges/ Institutions of National Importance, as the case may be, shall decide the minimum qualifying requirement for allowing a student to proceed further with the writing of the dissertation. If found necessary, course work may be carried out by doctoral candidates in sister Departments/ Institutes either within or outside the University for which due credit will be given to them.
5. The respondent in consonance with the Regulations 2009 vide notification dated 22.2.2012, Annexure P7, has amended its ordinance nos.14 and 15 which relate to Master of Philosophy and Doctor of Philosophy courses respectively. By this notification the respondent has, however, directed that all the students, who have been registered after the date of issuance of ordinance or have received Master of Philosophy and Doctor of Philosophy degrees after the date of Regulations 2009 brought into force and prior to the date amended notification, will also have to complete the mandatory course work. And it is only after completing the prescribed course work 3 the students will get the benefit of Master of Philosophy and Doctor of Philosophy degrees.
6. The respondent, after the aforesaid notification dated 22.2.2012, Annexure P7, has declined to award the degree of Doctor of Philosophy to the petitioner till he undertakes course work for a period of one semester. It is in this background, the petitioner has prayed for quashing of the notification dated 22.2.2012, Annexure P7.
7. It is argued on behalf of the petitioner that the UGC in its 472nd meeting has already clarified that the candidates who had obtained the degree of Doctor of Philosophy on or before 10.7.2009 and those who had registered themselves for Doctor of Philosophy course on or before that date shall be exempted from undertaking the course work. It has also been argued that the Regulations 2009, being prospective in application, are not applicable to the petitioner. The respondent in its reply has, however, defended the validity of notification essentially on the ground that it is in consonance with the Regulations 2009 of the UGC.
8. The Regulations 2009 clearly provide for change in the methods of selection and award of the degrees of Master of Philosophy and Doctor of Philosophy, such as evaluation and assessment. The regulations for registration of candidates to Master of Philosophy and Doctor of Philosophy courses and award of degrees of such courses are by very nature and purpose prospective in application. A Division Bench of the Allahabad High Court also in Writ Appeal No.49208/2010 (Dr. Gaurav Kumar Singh v. Vice Chancellor, B.H.U.) after examining the Regulations 2009 has held that they are prospective and the candidates who were registered or had completed the Doctor of Philosophy course prior to 11.7.2009 cannot be subjected hostile and invidious discrimination. Meaning thereby that such candidates cannot be directed by 4 the University to undertake course work before awarding the degree.
9. In the case at hand also, as already stated above, the petitioner was registered for Doctor of Philosophy in Law subject on 14.1.2008 i.e. much prior to 11.7.2009. not only this, the respondent even issued a notification dated 29.1.2010 that its Executive Council has approved his name for the award of degree of Doctor of Philosophy. Therefore, at this stage, it could never be the intention of the Regulations 2009 for making the petitioner to undertake the course work which is treated as pre-M.Phil/Ph.D. preparation. For these reasons, we are in complete agreement with the view taken by the Division Bench of the Allahabad High Court in the case of Dr. Gaurav Kumar Singh (supra). We accordingly quash the notification dated 29.1.2010 insofar as it has been made applicable to petitioner and the students who were registered or had completed the Doctor of Philosophy course prior to 11.7.2009. We also direct the respondent to immediately award the degree of Doctor of Philosophy (Ph.D.) to the petitioner.
10. The petition is allowed with costs of Rs.1,000/-. (AJIT SINGH) (T. K. KAUSHAL) JUDGE JUDGE ps